종속적 계약자 보호대상 확대방식의 경로의존성에 관한 연구: 산재보험법을 중심으로

This study analyzes the transformation of the special cases under the Industrial Accident Compensation Insurance Act (IACIA) to examine why the expansion of social protection for dependent contractors has remained confined to an enumerated list of occupations in enforcement decrees. Adopting a historical institutionalist perspective, the study distinguishes three phases—path formation (2000–2008), path reinforcement (2008–2022), and path evolution (2022–2024)—and focuses on the interplay between policy decision-making structures and insurance administration. The analysis shows, first, that in the path formation phase, labor law initiatives failed due to tripartite conflicts, and instead, the special cases for dependent contractors were introduced within the social insurance framework, institutionalizing a third status through a limited, decree-based occupational listing. Second, in the path reinforcement phase, the government expanded coverage incrementally, but the reliance on administrative decrees became entrenched as the exclusivity requirement (jeonsokseong) and administrative manageability were prioritized over broader protection. Third, in the path evolution phase, although the system was revised into the labor providers scheme with the abolition of exclusivity requirements and exemption clauses, expansion continued to be restricted to a small number of occupations, justified by concerns over contribution collection and administrative stability. These findings demonstrate that the initial institutional design, combined with government discretion and administrative logic, reinforced a path-dependent trajectory. To achieve substantive protection for dependent contractors, reforms are needed to abolish occupation-based enumeration, establish an independent definition of insured persons, and introduce an integrated social insurance contribution collection system.