플랫폼 경제에 관한 헌법적 접근 – 플랫폼 노동의 보호와 플랫폼 사업의 규율 -

Abstract

The platform economy refers to the impact of the development of information and communication technology on the economy. Furthermore, this impact has also affected the way human perform labor (and vice-versa). A specific example of this can be seen in the emergence of ‘digital labor platforms’, these platforms mediate the supply and demand of labor, and the ‘digital platform workers’ that provide labor through them. Digital labor platforms expose the limitations of the labor laws based on ‘standard employment relationships.’ Strategies made by digital labor platforms can exclude ‘subordination’ that stem from managerial controls based on technologies. The growth of digital labor platforms entails an increase in labor that cannot be subsumed into a standard employment relationship based on full-time labor on the premise of subordination between users and workers, thus it is pushed out of legal protection. The growth of digital labor platforms refers to an increase in labor that cannot be subsumed by a standard employment relationship based on full-time regular labor on the premise of subordination. This platform labor is the product of a digital transition taking place in various areas of society, the root of this shift comes from an unprecedented development of communicative technology. Furthermore, this dynamic shift has caused a change in the labor paradigm. The platform labor specifically calls upon the state for its protection over human dignified labor, going beyond the classification of workers and individual cases. As a result, research was conducted to address the current status of platform labor and legislation in relation to constitutional reality. Based on this, the constitutional request is to protect the labor of providers so that it shifts into something more dignified. This can be alluded to in the Constitution, where there specific passages detailing basic labor rights (Articles 32 and Article 33). Further analyzation of the Constitutional articles would reveal that there is a right to self-determination of personal information related to algorithmic management on the platform labor. Furthermore, Article Eleven’s equality under the constitution, Article Fifteen’s freedom of occupation, and the right to live a (human) life and the right to receive social security as stated under Article Thirty-Four were all reviewed. In connection to the protection of platform workers (which pushes for regulation of platform business), the constitutional basis for the platform regulation for labor protection was re-examined. As a result, it was confirmed that the social market economy (soziale Marktwirtschaft) as the economic system under the Article 119 (2) of the Constitution serves as the constitutional basis for platform regulation. Under Constitutional protection, the establishment of legal regulations human working conditions and their right to freedom, equality, safety, and human dignity are guaranteed. Consequently, in a platform economy, it is a obligation to establish a nationalized legal protection mechanism to protect workers from deteriorating working conditions, as well as the dissolution of standard employment relations through digital labor platforms. In this way the establishment of legal regulations demonstrates an interplay between the constitutional economic order and basic human rights.