노동정치 관점에서 본 종속적 계약자의 노동기본권 운동 전개와 산재보험법상 특례제도의 변화

This study analyzes the labor rights movement of dependent contractors and the evolution of the special provisions under the Industrial Accident Compensation Insurance Act from the perspective of labor politics. The requirements for exclusivity, application exclusion application provisions, and job type restrictions of the special case system for special types of workers under the Industrial Accident Compensation Insurance Act have operated as an institutional structure that selectively includes dependent contractors and hierarchizes them. Accordingly, dependent contractors have actively intervened in the design of the system by using a dual strategy of simultaneously asserting ‘workerhood’ and ‘social rights’ through organization and institutional intervention. This study uses Bob Jessop’s strategy-relational approach (SRA) theory as an analytical framework, but expands the analysis by adding the political opportunity structure to the chain flow of structure-strategy-performance. In other words, the dual strategy of dependent contractors did not lead to long-term institutional change, but it worked as a driving force for actual institutional change, intertwined with the Moon Jae-in administration’s inauguration, the introduction of national employment insurance, and the opening of the political opportunity structure such as the COVID-19 crisis. They were not simply passive subjects included in the system, but active subjects who interpreted the structure, implemented strategies, and reconstructed the boundaries of the system by utilizing the political opportunity structure. This analysis calls for a critical reinterpretation of the inclusiveness and exclusionary structures of our country’s social insurance system, and further suggests the need for a transition to a universal social insurance system that can practically guarantee the labor rights of all workers.