헌법 제32조의 근로의 권리를 통한 디지털 플랫폼 노동자 보호에 관한 연구

The development of human information and communication technology has also changed human labour. Networking through digital devices is strongly combined with human labour, and one of these changes is the emergence of digital labour platforms, a digital network where labour service transactions are coordinated in an algorithmic way, and platform workers working through them. Research on the protection of ‘digital platform workers' at the labour law level has recently been active in the labor law community. The discussion of labour laws is in line with the discussion of expanding the concept of ‘workers or employees' under the Labor Standards Act, which has accumulated for a long time, and expanding the concept of ‘workers or employees' under the Trade Union and Labor Relations Adjustment Act. There are also many in-depth studies on basic labor rights under Articles 32 and 33 of the Constitution. However, few studies currently address constitutional protection of digital platform workers. This study examines the possibility of constitutional protection of platform workers through Article 32 of the Constitution to counter changes in the human labour environment or context. The expansion of the “work” and “subordinate labour” concepts presupposing the constitutional right to work in Article 32 to prevent human labour from being transferred from a digital labour platform to a more vulnerable position than a traditional subordinate relationship. Through this study, I argue that legal protection for platform workers, especially protection under labour laws is a constitutional order.