프리랜서 보호를 위한 입법론적 과제 연구 – 일하는 사람의 권리 기본법 및 지자체 조례 중심으로 –

Freelancers still suffer in a legal blind spot. We set out to fix their legal status by looking at local ordinances and proposing new legislative alternatives. By analyzing the legal presumption of worker status and the Basic Act on the Protection of the Rights of Working People, we highlight the need for a stronger legal framework. This ensures the law actually covers the subordination that exists in real work. Our study shows that we need a legal presumption system specifically for dispute resolution—this protects the presumption of innocence and strengthens civil remedies at the same time. We also argue for a national Basic Act to replace disconnected local policies. To guard the rights in Article 4, procedural justice regarding inspection and revision periods must be legally required in standardized contracts. We also propose a public career certification system. By setting detailed steps in the enforcement decree, we can make sure these certificates carry real weight in the financial sector. In conclusion, integrating local experience into a robust national legislative framework through meticulous delegated legislation is key to establishing freelancers as substantive subjects of constitutional labor rights.