플랫폼 노동, 제3의 지위가 해법인가? -미국의 입법 동향을 중심으로 - (A Critical Examination of a Third Employment Category for On-Demand Work in Korea (Analysis of the cases in the U.S.))

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 32호 / 25 ~ 57페이지
· 저자명 : 이영주

초록

As a way to protect platform labor, the so-called "grey zone" claim is being re-emerged around the world. According to it, the new platform labor is different from traditional workers in many ways, and is in the middle of an area that cannot be protected by conventional labor laws, so a new rule to make a third position needs to be legislated to protect them. The discussion begins with the premise that platform workers are in a blind spot where they are difficult to easily be recognized for reasons such as their employment type and work style and that they receive no legal protection under a dichotomous classification system. Thus, creating a trade-off that can protect them customarily and providing protection that is, if not in part, similar to the labor law may seems to be a development of the right to improve over the present state. Creating a third category of worker status, however, is a key to excluding platform workers from the application of labor laws.
Currently, the areas that are mainly problematic with platform labor in Korea are those who carry out food delivery and transportation services, which are considered highly worker-like from various angles. In order to protect them first, they should not take the unknown concerns of other areas of platform labor that have yet to emerge, bypassing labor laws and retreating to a third status in advance, but rather, we should approach them more actively from the perspective of labor law. To this end, it is necessary not to create a new right to protect the special status of "platform workers," but to confirm the universal right that everyone working deserves. In particular, it should be preceded by a fundamental restructuring of the way in which platform companies judge worker performance based on the tangible signs derived from traditional worker concepts, as simple modifications to the business model can easily escape liability. It is desirable to actively introduce the use of worker classification test such as AB5 in California to apply labor laws not only for platform labor but also for dependent self-employed businesses as a whole.

영어초록

As a way to protect platform labor, the so-called "grey zone" claim is being re-emerged around the world. According to it, the new platform labor is different from traditional workers in many ways, and is in the middle of an area that cannot be protected by conventional labor laws, so a new rule to make a third position needs to be legislated to protect them. The discussion begins with the premise that platform workers are in a blind spot where they are difficult to easily be recognized for reasons such as their employment type and work style and that they receive no legal protection under a dichotomous classification system. Thus, creating a trade-off that can protect them customarily and providing protection that is, if not in part, similar to the labor law may seems to be a development of the right to improve over the present state. Creating a third category of worker status, however, is a key to excluding platform workers from the application of labor laws.
Currently, the areas that are mainly problematic with platform labor in Korea are those who carry out food delivery and transportation services, which are considered highly worker-like from various angles. In order to protect them first, they should not take the unknown concerns of other areas of platform labor that have yet to emerge, bypassing labor laws and retreating to a third status in advance, but rather, we should approach them more actively from the perspective of labor law. To this end, it is necessary not to create a new right to protect the special status of "platform workers," but to confirm the universal right that everyone working deserves. In particular, it should be preceded by a fundamental restructuring of the way in which platform companies judge worker performance based on the tangible signs derived from traditional worker concepts, as simple modifications to the business model can easily escape liability. It is desirable to actively introduce the use of worker classification test such as AB5 in California to apply labor laws not only for platform labor but also for dependent self-employed businesses as a whole.

참고자료

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