직업안정법을 통한 플랫폼노동중개의 규율 가능성과 과제 (Regulating the Platform Labor Intermediation through the Employment Security Act)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 70호 / 1 ~ 40페이지
· 저자명 : 김주병

초록

The Employment Security Act(hereinafter referred to as “ESA”) is a representative law regulating labor market intermediaries such as employment agencies. ESA can also be applied to the emerging platform economy based on digital technology. The platform brokers mediate workers and labor demanders through platforms. It has the basic structure of the multi-faceted labor transaction brokerage relationship, and shows that the platform has both status of the employer and agency. Discussions for regulating platform labor relations are diverse. However, recent discussions related to this are mostly based on platform as an employer. However, considering the legislative reality of Korea, this approach has limited application. Therefore, it is necessary to examine the possibility of regulating the platform as a modern employment agency based on the intermediary personality of the platform.
By regulating the platform as a modern employment agency, platform-workers, as a job seeker, can be prevented from undertake illegal and bad working conditions. Moreover, the job seeker can be assure to accurate information in the labor market. Regulating the platform-agency can reduce the risk of intermediary exploitation, protect personal information of the job seeker. However, analytical premise is needed to apply ESA to platform-agency. In order to compensate for these limitations, it is suggested that legislative method of providing labor in the form of multi-faceted intermediaries and the responsibility of intermediary employers should be unified around the ESA, while establishing special rules for the digital employment agency within ESA.

영어초록

The Employment Security Act(hereinafter referred to as “ESA”) is a representative law regulating labor market intermediaries such as employment agencies. ESA can also be applied to the emerging platform economy based on digital technology. The platform brokers mediate workers and labor demanders through platforms. It has the basic structure of the multi-faceted labor transaction brokerage relationship, and shows that the platform has both status of the employer and agency. Discussions for regulating platform labor relations are diverse. However, recent discussions related to this are mostly based on platform as an employer. However, considering the legislative reality of Korea, this approach has limited application. Therefore, it is necessary to examine the possibility of regulating the platform as a modern employment agency based on the intermediary personality of the platform.
By regulating the platform as a modern employment agency, platform-workers, as a job seeker, can be prevented from undertake illegal and bad working conditions. Moreover, the job seeker can be assure to accurate information in the labor market. Regulating the platform-agency can reduce the risk of intermediary exploitation, protect personal information of the job seeker. However, analytical premise is needed to apply ESA to platform-agency. In order to compensate for these limitations, it is suggested that legislative method of providing labor in the form of multi-faceted intermediaries and the responsibility of intermediary employers should be unified around the ESA, while establishing special rules for the digital employment agency within ESA.

참고자료

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