지입차주의 근로기준법상 근로자성 판단: 대법원 2024. 1. 25. 선고 2020두54869 판결을 중심으로

The application of labor laws to economically dependent worker, including owner-operators has long been a significant legal issue. While it is said that the mainstream trend has been to recognize the worker status of exclusive owner-operators under the Labor Standards Act, there have also been judgements that do not align with this mainstream trend. The recent Supreme Court decision 2020Du54869, decided on January 25, 2024 (the “2024 Judgment on Owner-Operator Worker Status”), judged whether an owner-operator qualifies as an employee under the Industrial Accident Compensation Insurance Act, and in doing so, examined whether the individual qualifies as an employee under the Labor Standards Act. While the Supreme Court decision and the first instance and appellate court decisions identically recognized the exclusivity of owner-operator and the direction and supervision by transportaion outsourcing company in their fact-finding, they reached different conclusions in determining worker status. The Supreme Court decision faithfully reflected the criteria for determining worker status under the Labor Standards Act, which had been improved through a 2006 benchmark decision, placing greater emphasis on the substance of the labor provision relationship rather than formal contractual relationship. The court determined that the fact that owner-operators had business registrations and paid value-added tax did not align with the substance of labor provision and therefore could not be considered a strong indicator for negating worker status. The 2024 Judgment on Owner-Operator Worker Status, which determined worker status based on the actual aspect of labor provision relationships rather than formal indicators such as whether there was an owner-operator contract or business registration, is expected to have a meaningful impact on the recognition of owner-operators’ worker status through future legal disputes.