노동관계에서 알고리즘에 관한 법적 쟁점

Algorithms are changing the way employers manage workers. Algorithms collect workers' data, remotely supervise and manage the workforce, and allow employers to monitor the workforce more extensively, expanding the intensity, scope, and influence of labor surveillance unprecedentedly. The data on which algorithmic decision-making is based can lead to discriminatory results including bias and prejudice, and the problem of bias is exacerbated by a lack of transparency in the automated decision-making process. As a result, asymmetry of information between labor and management, which is already in a disproportionate relationship, increases, and employees are managed by opaque algorithms. The mainstream of algorithm-related discourse tends to be technological determinism, which states that the introduction of new technologies will lead to the loss of labor, but there is a need to pay attention to the problems caused by algorithms. For example, whether or not the worker's data collection, which is the premise of algorithmic technology, is legal, the scope of information collection, the use of information, the limitations of information use, the possibility of controlling algorithms, discrimination against algorithms, and the responsibility of users. This article examines the application and limitations of the current labor law by dividing it into the following three issues related to algorithms in labor relations. Specifically, they are issues related to recruitment and exercise of personnel rights by algorithms from the perspective of protecting workers' personal information, problems of algorithm opacity and discrimination in employment, and legal issues such as digital surveillance and privacy infringement.