노무 제공 규제의 다양화와 복합규제 ― 일본의 프리랜서 규제를 중심으로 ―

Diversification of labor law regulations has been attempted in various ways. This trend accelerates further under the various types of providing labor, which were more active;y enabled by new technological development, and platform economy. There are still traditional employees who can enjoy all the protection of labor law. However, they have to meet strict criteria by court whether they are employee or not. As we have more and more types of workers and labor providers, how to regulate is definitely an important task of labor law. We have a new approach that legal regulations in other areas, which have not been actively considered for labor relations, can be applied to labor providers along with labor laws. It has been thought that the antitrust law applied to general transactions in the market is excluded for the labor relations by the labor law, which is a more specified regulation. However, as the method of providing labor diversifies, those who are at the marginal line around the protection of labor laws can be considered to be regulated by some other laws, along with the recent trend of expanding the concept of employee. This paper outlines the discussion on this issue in Japan. To this end, we analyze the direction of regulation in Japan for freelancers and workers in employment-like relationships, and understand the context in which protection based on economic law perspectives is attempted in Japan. Abuse of bargaining position, one of the characteristics of Japan's antitrust law, has the same direction as employment law, suggesting the possibility of supplementary regulations with individual regulations of employment relations. On the other hand, the anti-trust law, which prohibits improper cartel, directs a regulation contrary to the trade union, and the bargaining power given to the employees’ organization by Trade Union and Labor relations adjustment act. So it is an important task to make up the relations between labor law and antitrust law. Japan's freelance regulation has been made in the direction of maintaining the principle of labor law regulation, but it is noteworthy that recent policies are actively trying to introduce economic law regulations in response to the changes in the situation, especially the range of employee getting expanded. Focusing on these discussions, the changes in policies on freelance regulation in Japan and legal responses to them are outlined here. And we can know the limitations that this perspective might cause, as well as the implications for Korea.