공유노동 종사자의 법적 지위와 수요자에 대한 책임 - 플랫폼노동을 중심으로 -

The labor provision system is rapidly changing due to the spread of the sharing economy or platform economy. Labor related laws, which have been developed based on factory laws in the era of the industrial revolution, cannot have have power of rule over new ways of working, so the legal system must be completely reconstructed. In this study, I defined the sharing economy as “an activity that creates economic value by providing tangible or intangible goods and services held by someone for use by idle capacity”, and the worker who provide labor in sharing economy as “a labor provided under a close relationship with the sharing economy”. And, based on these definitions, I analyzed the legal relationship and their respective legal status between the three parties, platform workers, digital platform operators, and consumers, focusing on platform workers, the main type of the worker who provide labor in sharing economy. In general, it is difficult to regard the legal status of platform workers as employee under the Labor Standards Act in Korea. Therefore, the legal status of platform workers should be determined individually according to the characteristics and contents of labor provision. In order to determine the legal status of platform workers according to each type, I selected five types : “crowdwork service provision system”, “food delivery agency service provision system”, “other delivery agency service provision system”, and “household service provision system”. And for each type, it was judged whether the platform workers working in the each type were employees or individual businesspersons. Whether platform workers can be recognized as employees under the Labor Standards Act is a very important issue in terms of consumer protection. This is because if a platform worker is an employee who has a labor contract relationship with a digital platform operator, the digital platform operator will bear the responsibility for the incompleteness of labor provision, so that consumers can be more reliably protected. However, even if a platform worker is not an employee under the Labor Standards Act of the digital platform operator, the digital platform operator may be liable for Performance assistant liability or Employer’s responsibility under the Civil Act. Finally, I also pointed out that consumers of platform labor can bear the responsibility for paying remuneration and safety consideration to platform workers.