디지털 알고리즘에 대한 노동법적 규율 가능성 ― 대법원 2022. 7. 28. 선고 2021다221638 판결에 대한 평석 ―

An algorithm is a set of rules that derive a desired output based on input data to solve a problem. Algorithms have been used in companies since before the 19th century, but in recent years, companies have progressed from the stage where managers utilize algorithms to the stage of algorithmic management, that is, the use of computer procedures to control the organization. And algorithmic control refers to the combination of a new algorithm and a hierarchical control method that makes the technology work in the workplace. However, algorithmic control does not simply mean computing technology. The company's strategy is reflected in the process of creating an algorithm, and various types of management strategies and policies support the execution of the algorithm. And under that system, workers become subordinate. Algorithm management or control in industrial settings is linked to dependency indicators, and legal discipline is possible according to the general labor law system. The disciplinary system of algorithmic labor must be structured in accordance with the type and degree of dependency. The principle of algorithmic control is not new in the capitalist production system. Its origins existed from the early days of industrial capitalism, and it was already emphasized in Taylorist management methods. Taylorist principles are also an important element in algorithmic management, and these two methods are consistent in that workers are alienated from their own labor process. In this respect, the dependency of workers can still be recognized even in the labor process under algorithmic control. In Decision 2021Da221638 Decided July 28, 2022, the Supreme Court recognized the existence of a worker dispatch relationship in cases where workers of a subcontractor worked under the control of the main contractor’s MES (Manufacturing Execution System). In this case, the Supreme Court ruled that the disciplinary principles under the dispatch act can be applied because the main function of MES includes the function of controlling the labor process. This is significant in that it proves that the labor law disciplinary system is effective despite the emergence of new labor control methods.