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Due to the transition to an untact and digital society, The new legal status of workers

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.535-565
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 3, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Kwon, Su-jin 1

1국회법률자료조사관

Accredited

ABSTRACT

The transition to a digital society has brought about new types of jobs and changes in the labor market. The spread of platform labor can bring new opportunities, but it can also lead to unfairness and inequality. As a new labor market, platform labor is expected to continue to differentiate and increase into various forms. Recently, the European Commission's 'Platform Work Directive' presumes that people who work through platforms are 'workers' and aims to improve working conditions by guaranteeing them paid leave, unemployment allowance, and minimum wage. Aim. In line with the global trend of defining the legal status of platform workers and the increase in platform labor, there is a need for Korea to continue to seek ways to protect platform workers within the institutional system. Our country's current labor law system must provide a normative basis to protect this special type of labor. This is because the principle is to protect wage workers by distinguishing between wage workers and non-workers. The Constitutional Court also limits the concept of worker to wage earners and does not recognize workers in the middle area, who are neither wage workers nor non-workers. In order to solve this problem, this paper seeks to propose a way to broadly understand the constitutional right to work as a way to encompass the middle area. Considering the changing constitutional reality and changes in the relationship surrounding labor, digital platform labor should be included in 'work' in Article 32 of the existing Constitution, and the definition of 'worker' specified in Article 32, Paragraph 1, Sentence 2 of the Constitution and Article 33 of the same Act will be included. The concept should not be limited to workers under labor laws such as the Labor Standards Act, but should be interpreted to include platform workers. Considering the changing constitutional reality and changes in the relationship surrounding labor, digital platform labor should be included in 'work' in Article 32 of the existing Constitution, and the definition of 'worker' specified in Article 32, Paragraph 1, Sentence 2 of the Constitution and Article 33 of the same Act will be included. The concept should not be limited to workers under labor laws such as the Labor Standards Act, but should be interpreted to include platform workers. To this end, efforts are needed to confirm the legal status of platform workers through revised laws currently proposed in the National Assembly and discussions across all walks of life.

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