알고리듬을 통한 노무관리의 등장으로 인한 노동권 변화에 관한 소고: 유럽연합의 법제 변화의 국내적 함의를 중심으로

Abstract

As a component of digital labor platforms, ‘algorithmic management’ used for labor oversight in platform work is increasingly extending beyond these platforms as digital transformation accelerates. ‘Algorithmic management’ involves the processing of personal information of labor providers and may include profiling. This labor environment necessitates a new approach to fundamental labor rights under the constitution, seeking constitutional solutions to ensure dignified labor in the evolving legal landscape. In this study, I advocate for the protection of workers’ dignified labor through the convergence of labor rights and information rights. To support this argument, I analyze relevant legislation and interpretative trends within the European Union to present domestic implications. There are two primary reasons for selecting the European Union as a comparative study subject. First, EU legislation explicitly illustrates how and in what ways information rights function as labor rights. Second, it is essential to examine the emerging concept of ‘digital constitutionalism’ related to the rights of EU citizens, particularly the control based on information rights concerning private actors in EU legislation, as a constitutional argument for regulating ‘algorithmic management.’ The structure of this paper is as follows. First, I explain the constitutional context in which ‘algorithmic management’ requires the convergence of fundamental labor rights and the right to self-determination of personal information, and present the significance of this convergence within our constitution. Next, through an analysis of the relevant provisions and interpretations of the EU's General Data Protection Regulation, Directive on Improving Working Conditions in Platform Work, and Artificial Intelligence Act, I explore how the regulation of ‘algorithmic management’ through the ‘convergence of labor rights and information rights’ can be implemented, seeking specific directions for our constitutionally compliant legislation and interpretation. information and communication technology-referred to as the Fourth Industrial Revolution-affects all areas of life, constitutional protection of labor must ensure that individuals who rely on labor for their livelihoods in a capitalist economic system are not alienated in a rapidly changing labor environment due to technological advancements, and that their human dignity is preserved. Our country has consistently defined fundamental labor rights, including the right to work and the three labor rights, from the first constitution to the current one. The Constitutional Court has early recognized the right to self-determination of personal information, derived from Articles 10 and 17, as a fundamental right. However, it is difficult to find provisions in our labor relations laws or the Personal Information Protection Act that reflect these social changes and ensure dignified labor for workers. This indicates that the constitutional imperative to protect individuals’ fundamental rights through the convergence of labor rights and the right to self-determination of personal information-rather than guaranteeing them separately in the era of digital transformation-has not been adequately addressed in legislation. Therefore, the Personal Information Protection Act should be amended to align with the constitution, which guarantees dignified labor for individuals, and regulations regarding AI-based algorithmic management in the employment context should be introduced in the recently passed Basic Act on the Advancement of Artificial Intelligence and the Creation of Trust. Additionally, provisions to protect workers’ information rights should be incorporated into labor relations laws that specify the right to work under Article 32 and the three labor rights under Article 33 of the constitution, and legislation regulating ‘algorithmic management’ in digital labor platforms should also be enacted.