근로기준법상 사용자의 식별 – 대상판결: 서울고등법원 2023. 12. 21. 선고 2022누56601 판결

In addition to recognizing the employee status of ‘Tada’ drivers, the Seoul High Court recently ruled that ‘Socar’ should be recognized as the employer under the Labor Standards Act, even in the absence of a formal labor contract. This article delves into the legal complexities surrounding the identification of employers under the Labor Standards Act, using this case as a focal point. It investigates the criteria for identifying employers to ensure the proper application of the Labor Standards Act within the platform economy, especially given the growing trend of businesses operating through intricate networks of businesses. To achieve this, the article first examines Japanese case law, which has proactively applied the doctrine of ‘piercing the corporate veil’—originally developed in civil and commercial law—to labor relations. It also explores the ‘implied contract of employment theory,’ which effectively parallels the doctrine of ‘piercing the corporate veil,’ and identifies the limitations inherent in these theories. Subsequently, a functional approach to the concept of an employer is explored, aiming to establish a labor law framework that addresses the realities of today’s increasingly networked business environment. Finally, the article evaluates the implications and limitations of the Seoul High Court’s decision in this context.