우리나라의 플랫폼노동에 관한 논의

The development of science is emerging new forms of labor or labor that were previously unexpected. One of them is platform labor, which is being discussed a lot now. In platform labor, the question of whether or not platform workers are workers and how to protect them if they are not workers appears. If platform workers are workers under the Labor Standards Act, many problems arise. So they are not workers under the Labor Standards Act. However, social protection for platform workers is necessary. Therefore, it can be said that it is reasonable to protect individually for areas that require social protection. In other words, it was described that platform workers should be protected by applying related laws according to the closeness of the relationship and the need for protection based on relational labor. In addition, for those who work after the industrial revolution, the law was applied by dividing the economic law and the labor law into planar horizontal relationships. that is, a horizontal relationship. However, with the change of times, the need to protect workers who have become the subject of economic law has emerged, and one of them is platform workers. The protection method that applies either the three labor rights or the economic law based on only the existing horizontal relationship to platform workers is no longer effective, so there is a situation in which platform workers are not practically protected. If such a situation is left unattended, it causes many social problems because the adverse effects on society are very great. Accordingly, it was argued that there is a need to devise other protection measures, and that one method should apply not only a horizontal relationship but also a vertical relationship to provide overlapping protection. In other words, relational labor is divided into a horizontal relationship and a vertical relationship, and it is necessary to apply one of the two overlappingly, rather than selecting one. For example, since the social insurance law and the labor law are overlapping, platform workers should be protected through the three labor rights as the subject of the three labor rights as well as the social insurance law, just as the social security law and the labor law are applied to workers. In short, in the field of social insurance law, it is not a theoretical problem to include platform workers in the subject of protection, so of course, it should be included in the subject of protection to receive protection. In other words, in the Employment Insurance Act and the Industrial Accident Compensation Insurance Act, platform workers are naturally objects of protection, and since they are workers under the Labor Union and Labor Relations Adjustment Act, three labor rights should be applied to improve the working conditions of platform workers.