플랫폼 종사자의 산재보험 적용과 노무제공자에 대한 특례 규정의 검토

There have been discussions about the application of the Industrial Accident Compensation Insurance Act to location-based platform workers as they are in great need of protection through industrial accident compensation insurance. If a platform worker is recognized as a employee under the Labor Standards Act, they can be protected under the Industrial Accident Compensation Insurance Act, but if they are not recognized as a employee, they can only be protected through the special case concerning presons in special types of employment. However, the special case concerning presons in special types of employment requires exclusivity, which limits the protection of platform workers, and to solve this problem, the law was amended to abolish exclusivity and establish the concept of worker. The revised law is significant in that it removes the exclusivity requirement and strengthens the average remuneration worker through of the protection calculation method, but it is limited in that it does not completely break away from the existing structure of special case concerning presons in special types of employment and delegates the job of worker to an Presidential Decree, and the insurance premiums are paid by both the employer and the worker. In order to make use of the purpose of the Industrial Accident Compensation Insurance Act as a social security system, it is necessary to stipulate worker, instead of employee, as the subject of law in principle, and to provide them with the same level of protection.