플랫폼 노무제공자에 관한 논의와 쟁점

Due to the 4th Industrial Revolution and the long-term COVID-19 epidemic, the number of platform labor providers is increasing rapidly. Therefore, this paper reviews the definition and type of platform labor in order to find an improvement plan to include the rapidly increasing number of platform labor providers in the scope of labor law, and then examines whether platform labor providers are judged as workers, focusing on laws and precedents. In addition, the purpose is to present legislative improvement measures to protect platform labor providers as a solution. The argument that platform labor providers perform their tasks freely without restrictions on location and time is that they do not accurately grasp the reality. Platform labor is carried out through an algorithm-based management method, so although the appearance of workers is seemingly free, it can be judged as a new type of subordinate labor in the part that there is an "economic dependency." In the reality that the current case law related to the concept of workers needs to develop and change the judgment method of the existing concept of workers with the emergence of platform labor, what direction should the solution be taken? This paper is an attempt to find answers to these problems. Improvement measures to protect platform labor providers should be found in terms of labor and social law and in terms of individual law. Related legal basis regulations should be prepared to protect platform labor providers as targets to which the Labor Standards Act, the Labor Union Act, and the Social Insurance Act can be applied.