노무제공형태의 다변화와 노무제공자에 대한 법적 보호

The question of whether the legal status of a contracting party providing labor is an employee or worker under the labor law or not, has long been controversial. This issue will continue to be controversial as the form of providing labor is diversifying. In the early days, the legal status of contractual labor providers or special form workers had been questioned. But now, we can see transitional labor relation like unpaid interns or volunteers. Furthermore, more and more platform labor providers are appearing. Under the labor law, the definition of employee or worker basically presupposes subordination relation for wage or income. Therefore, how to decide the legal status of diversifying labor providers is becoming more and more difficult. Especially, the criteria of case law is about typical employees, and to apply the criteria of precedents to the diversifying labor providers doesn’t always lead to problem solving. As a result, it is becoming doubtful whether the principle of substantial relationship established by precedents is still now useful. In this paper, I examined various labor providing types and its legal protection. I also reviewed again the implications of subordinate labor in the perspective of labor law and the Korean Constitution.