소셜미디어와 개별적 근로관계에서의 노동법적 쟁점 — 사용자의 정보 수집권과 통제를 중심으로 —

Abstract

In the employment relationship, the scope of legal conflicts between employers and employees extends beyond the primary and secondary obligations of the employment contract into the private sphere. A representative example of conflicts arising in the private sphere is the employer's involvement in the employee's social media activities. Employer involvement in social media issues manifests as the legitimacy of collecting job applicant social media information before the employment contract is concluded, and as the potential for controlling employee social media activities after the contract is in place. Employers have the right to collect information about job applicants to make appropriate employment decisions; however, this right is not unlimited. It is reasonable to allow information collection only to the extent necessary to determine the suitability for job performance. Nonetheless, the current law lacks adequate standards to properly regulate employers' collection of social media information from job applicants, indicating a need for legislative improvement. In principle, employees' social media activities fall within the private sphere and should not be subject to employer control. However, in certain situations, based on the content, timing, and purpose of the social media activity, such activities may be subject to limited control. It is inappropriate to approach the possibility of controlling employee social media activities, which belong to the private sphere, solely through existing interpretations. Ultimately, legislative improvements are needed to appropriately restrict employers' collection of social media information from employees (including job applicants) and to clearly define the scope and standards of social media activities that employers can control.