공유경제의 활성화와 노동법적 보호 체계 - 독일의 플랫폼 노동종사자에 관한 최근 판례 및 논의를 중심으로 -

The issue of labor is a subject of discussion that is inevitable in the discussion of economy and industry. With the 4th Industrial Revolution, the sharing economy using online platforms is expanding, and issues related to so-called “platform labor” as a related new form of labor are at the center of the discussion of labor law. As the online platform intervenes between employers and workers, consumers and labor (service) providers, the existing contractual parties, there is a blind spot where the current labor protection law system cannot function. The main issue regarding the legal status of platform workers is whether platform workers can be recognized as workers according to the standards for recognition of worker characteristics based on the existing Labor Standards Act and the Collective Labor Relations Act. In addition, the necessity for and the impact of a change in the judgment criteria for dependent labor based on the ILO's reorganization of the international occupational status classification were reviewed. From a legislative and policy perspective, even if platform workers do not receive general protection under the existing labor protection law system, it was confirmed whether there is any possibility of individual protection for working conditions that need protection. In particular, as a method of regulating working hours, a method of regulating total working hours was presented, and the method of using the method of contract regulation as part of the protection of dismissal was considered to be significant.