플랫폼 배달노동과 산업안전보건법의 제도적 부정합: 책임주체, 규제범위, 참여와 권리, 환류 체계를 중심으로

Platform delivery workers are exposed to multiple occupational hazards, and their health risks have been reported. However, the Occupational Safety and Health Act provides only limited protection for platform delivery workers in the context of occupational health and safety(OHS). This study explores the practical difficulties of applying the current OHS system to platform delivery work across four domains. First, regarding OHS responsibility, the current system assigns preventive duties to a single employer, whereas platform delivery workers' risks are produced through interactions among multiple actors. This mismatch complicates the specification of the responsible party for OHS prevention. Second, regarding the regulatory scope, the current system concentrates on bounded workplaces defined by physical boundaries and thus fails to encompass risks arising in external public spaces (e.g., roads and intersections) and digital work environments (e.g., algorithmic penalties and promotions). Third, regarding participation and rights, although the Occupational Safety and Health Act specifies procedural safeguards, the characteristics of platform delivery work constrain their practical implementation. Fourth, regarding feedback systems, post-accident procedures are designed around single employers and physically bounded workplaces, and the opacity of algorithmic data interrupts feedback loops from compensation to preventive action. Consequently, the current OHS system is structurally mismatched with platform delivery work, reducing its effectiveness for preventing occupational injuries and diseases.