플랫폼 노동 종사자의 근로자성 판단기준과 보호방안 -대상판결 : 대법원 2024. 7. 25. 선고 2024두32973 판결-

Abstract

In Korea, platform workers account for a significant proportion of the total employed, and the number is expected to continue to increase in the future. Platform labor can be positively evaluated as providing labor opportunities to people who have been marginalized from work due to its low entry barrier, but behind the scenes, problems such as low income, instability, and poor working environment exist. Platform labor workers are generally evaluated as self-employed rather than workers, so they are out of the safety net of labor law and social insurance. For this reason, since the advent of platform labor, protection measures for them have been discussed, and in Korea, legislation to protect platform workers is currently being promoted, centering on the government and some political parties. In this situation, there was the first Supreme Court ruling that recognized the worker nature of platform labor workers. The target judgment is significant in that it was recognized as a worker under the Labor Standards Act if dependence was recognized even if labor was provided using the platform. In particular, it was said that the existing legal principles on the criteria for judging worker characteristics should be flexibly applied in consideration of the characteristics of platform labor, and in order for platform operators to avoid their responsibilities, some authority was granted to subsidiaries or suppliers, and disguised relationships that did not act as parties to the contract were corrected as labor relations. However, it remains regrettable that the target judgment did not specify the criteria for judgment in consideration of the characteristics of platform labor. In the case of platform labor, its types and characteristics of labor provision are diverse, it is difficult to claim an exclusive relationship with a specific business operator, and command and supervision are performed by an automated algorithm. When considering these characteristics, it is necessary to consider 'command and supervision through automated algorithms' and 'economic dependence on the platform' as major criteria in determining the worker nature of platform labor workers. It is also necessary to clarify the criteria for judging employers who bear obligations to platform workers when multiple parties are involved in the operation of the platform. On the other hand, considering the purpose of the target judgment, it is necessary to protect platform workers by presupposing that there may be various types of laws to protect platform workers rather than defining platform workers as self-employed and fixing their status.