일본 프리랜서보호법의 쟁점과 과제

This study examines the main components of the Freelance Protection Law in Japan-which was promulgated on May 12, 2023, and will come into force on November 1, 2024-and examines related issues and initiatives. The backdrop to the enactment of the Freelance Protection Law is the growing number of labor providers such as freelancers due to the diversification of working styles, which has necessitated ensuring that they have work environments in which they can work with an easy conscience. In addition, disputes arise frequently from transactions between companies and freelancers, several of which can be cited. Japan’s Freelance Protection Law is largely comprised of the following: (i) regulations on the rationalization of transactions, and (ii) regulations on the improvement of the working environment. Furthermore, it establishes that the regulations of the Competition Law and Labor Law coexist, and this can be cited as a characteristic of the new law. Another characteristic of the new law is that it stipulates a consultation window for resolving freelancers’ grievances. However, despite the significance and purpose of the Freelance Protection Law, the challenge of determining the nature of workers (i.e., the misclassification problem) and the challenge of social security for freelancers are still highlighted as limitations, and these remain the subject of future improvements