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A Study of Competitive Legal Regulation Measures against Digital Platform Labor - Focusing on Delivery Person -
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플랫폼 노동의 공정거래법상 규율방안 연구 - 배달기사 사례를 중심으로 -

논문 기본 정보

Type
Academic journal
Author
Gyeongmi Park (포스코)
Journal
The Korea Commercial Cases Association 상사판례연구 상사판례연구 제34권 제4호 KCI Accredited Journals
Published
2021.12
Pages
191 - 244 (54page)

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A Study of Competitive Legal Regulation Measures against Digital Platform Labor - Focusing on Delivery Person -
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Platform‘s development has accelerated the increase in non-standardized employment. In addition, new terms such as ‘uberization’ and ‘gig workers’ have emerged. Platform labor is innovative and operates on a project base. And, it is flexible because it differs from traditional labor methods. On the other hand, the problem of expanding blind spots for legal protection is also raised due to characteristics such as employment instability and poor treatment conditions. What is clear is that platform labor exerts considerable influence on the way it works and the labor market around the world. In addition, only labor law’s discussions alone are insufficient, and it is supported by the fact that it is a convergent legal area such as antitrust laws. Even if it has an influence on the commodity market in the platform labor market and eventually affects labor conditions such as wages, attempts to solve them only with competition laws, not labor laws, are not common. Therefore, in this article, I reviewed about antitrust legal regulation measures against digital platform labor focused on delivery person as a case. For the study, global legislation such as the United States, EU and Japan was viewed as a comparative law. After that, it was examined whether the competition law could turn a blind eye to the exploitation and abuse of platform labor. In addition, it was also discussed how it would be appropriate to recognize the legal status of a delivery man. More specifically, I reviewed the judgment of cartel related to the collective action exercise of delivery men and so on. Expectations are growing for the need and role of competition laws in order to resolve the harm of labor market power and protect workers due to the concentration of platform economic power, and it is considered a desirable direction. However, the necessity of reforming the social structure and system in platform labor by antitrust’s regulation is questionable, and the degree of intervention in the competition law is desirable on the premise of normalizing the labor market mechanism. I think it should be avoided considering the original purpose of the competition Act to completely replace labor law issues for maintaining labor-management relations order with an approach under the competition law. In conclusion, I argued that antitrust law enforcement should be carried out in accordance with the principle of supplementality to solve problems in the platform labor market.
#디지털 플랫폼 #배달 플랫폼 #플랫폼 노동 #배달기사 #공정거래법 #경쟁법 #착취남용 #단체행동 #부당한 공동행위 #불공정거래행위 #digital platform #delivery apps #platform labor #delivery person #exploitative abuse #collective bargaining #cartel

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강금봉 / 2019 / 디지털 플랫폼 노동, 어디까지 와있나-현안과 보호방안 / 사회적 대화 google schola 고용노동부 / 2000 / 비정형근로자 보호 대책 google schola 권오성 / 2020 / 플랫폼 경제와 노동법 / 노동연구 41:73~115 dbpia 권오승/서정 / 2018 / 독점규제법: 이론과 실무 / 법문사 google schola 김나루 / 2020 / 플랫폼 노동자의 법적 지위 향상을 위한 비교법적 연구 / 외법논집 44(4):227~246 dbpia

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