플랫폼 기술에 기반을 둔 사업과 노동법상의 쟁점 - 디지털 플랫폼노동의 종속관계론 -

The new work environment brought about by the spread of platform labor shows that the role of labor law is still important. Although the subordination of platform laborer is sometimes denied on the ground of changes in the employment structure such as autonomy in work selection or lack of human hierarchy, it only means a change in employment techniques and labor control methods according to the development of information and communication technology, and it is far from the business independence of service providers. The concept of an independent business providing only labor force, not the completion of specific work or processing of business, is a legal fiction as much as the labor contract, which presumes that labor force can be traded separately from the person. With the spread of platform labor, the weight of the criterion for determining the relationship of subordination, which is a qualification for labor legal status, is shifting from the obedience of the service provider to the directions of another person to the independence of the business. In other words, whether a business can be freely formed by one's own account or whether it is integrated into the business of another person is becoming the determinant indicator. Whether a service provider has an independent business organization or capability, the choice of customers and the price of providing labor, autonomy in the process of work, or burden of business risks for profit and loss are important indicators of business independence. Platform workers lack these foundations to enable independent businesses.