도급제 노동의 보수 보호 방안

This study aims to propose compensation protection measures for piece rate workers as well as individuals receiving piece rate compensation. Those receiving such compensation are paid based on specific tasks or performance. However, the existing wage-based legal and institutional protection mechanisms fail to adequately safeguard them. The current Labor Standards Act classifies wage systems into hourly wages and piece rate wages. Article 47 stipulates regulations for the wage protection of piece rate workers. Additionally, Article 6, Paragraph 1, Clause 6 of the Enforcement Decree specifies the method for calculating the ordinary wage of piece rate compensation. Article 5, Paragraph 3 of the Minimum Wage Act also states that if it is inappropriate to determine the minimum wage based on hourly rates for those receiving piece rate compensation, the minimum wage may be set based on production or performance-based units. However, discussions and institutional measures to ensure income protection for those receiving piece rate compensation remain insufficient. With the advancement of ICT technology and the growth of digital platform labor, the number of individuals receiving piece rate compensation has increased. Despite this, their income protection system remains inadequate. In particular, platform workers and freelancers often fail to be recognized as employees under the Labor Standards Act, leaving them in a legal blind spot. As a result, their compensation levels lack legal protection. Therefore, this study discusses income protection measures for individuals receiving piece rate compensation from three perspectives. First, wage protection measures for cases where working hours can be clearly identified. Second, wage protection measures for cases where working hours are difficult to determine. Third, protection measures for those receiving piece rate compensation but not recognized as employees. To achieve this, the study analyzes the meaning of “piece rate” and compares domestic and international cases to derive effective protection measures.