프리랜서 타다 기사의 근로기준법상 근로자성과 그 사용자 판단 ― 대법원 2024. 7. 25. 선고 2024두32973 판결을 소재로 ―

초록

Recently, Supreme Court of Korea concluded that freelance Tada driver is employee under the Labor Standards Act, and that the employer of freelance Tada drivers is Socar. This ruling is meaningful in that it determined that drivers in freelance status is employee under the Labor Standards Act. It is also meaningful in that it judged Socar, who has no contractual relationship with the freelance Tada driver, as the employer of the driver. This article first examines how employees and employers are judged under the Labor Standards Act in Supreme Court ruling. Furthermore, this article summarizes the course of the lawsuit, key facts, and basis for judgment from the first trial to the Supreme Court ruling, in which there was a fierce debate over whether freelance Tada driver is employee under the Labor Standards Act and, if so, who is the employer of the Tada drivers. Finally, this article sheds light on the significance of the Supreme Court's ruling and the remaining tasks.

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