플랫폼 노동분쟁에서 플랫폼의 지위- ‘잊혀진 사용자’를 중심으로- 서울행정법원 2022. 7. 8. 선고 2020구합70229 판결 -

박태우 이화여자대학교 법학연구소 2023 法學論集 Vol.27 No.4

The driver of TADA, a “passenger car rental service including driver arrangement,” was an employee under the Labor Standards Act who provided labor in a dependent relationship for wages. The TADA driver entered into a freelance contract with a supplier, who in turn entered into a passenger arrangement and driver service contract with SOCAR, which supplied the rental vehicles driven by the TADA driver, and a reservation brokerage contract with VCNC, which brokered reservations requested by passengers. Although TADA drivers did not have a direct contract with VCNC, they received direct supervision and work instructions from the TADA app developed and operated by VCNC, were assigned a waiting place according to the app’s logic set by VCNC, were evaluated and paid according to their performance, and performed their work according to a manual created by VCNC. Therefore, VCNC is a employer of TADA drivers. VCNC was the “User Company” of temporary agency workers(temporary agency drivers) under the 「Act on the Protection of Temporary Agency Workers」, as opposed to freelance drivers, and there is no essential difference between the performance of temporary agency drivers and freelance drivers, so it is not unreasonable to conclude that VCNC is a employer. The “reservation brokerage contract” signed between SOCAR and VCNC, which concluded a “contract for arranging tenants and providing driving services” with a partner company, included “settlement of expenses related to driving services”. Therefore, “an implied contract on temporary placement of workers” was established between VCNC and the partner company through SOCAR. However, in a case where a TADA driver applied for relief from unfair dismissal, the Central Labor Commission determined that SOCAR, not VCNC, was the driver’s employer and ordered relief, and in an administrative lawsuit filed by SOCAR, the court of first instance determined that the TADA driver was not a employee and SOCAR was not an employer. I believe this decision was based on a lack of understanding of the nature of platform-based labor relationships, particularly in the mobility platform business. TADA service is based on a gap in 「the Passenger Transport Service Act」 and the labor relations laws. In order to protect platform workers and hold users legally responsible, it is important to focus on the substance of the labor relation, not the nominal contract. ‘플랫폼 기반 기사포함 승합렌터카 실시간 호출 서비스’인 ‘타다’의 드라이버는 임금을 목적으로 종속적 관계에서 근로를 제공한 근로기준법상 근로자에 해당한다. 타다 드라이버는 협력업체와 프리랜서 계약을 맺고, 협력업체는 타다 드라이버가 운행한 렌터카 차량을 공급한 쏘카와 ‘승객 알선 및 운전용역 계약’을 맺었고, 쏘카는 VCNC와 승객이 요청하는 예약 업무를 중개하는 ‘예약중개계약’을 맺었다. 타다 드라이버는 VCNC와 직접적인 계약을 맺지 않았지만, VCNC가 제작하고 운영한 타다 앱의 직접적인 감독과 업무지시를 받았으며, VCNC가 정한 앱의 로직에 따라 대기장소를 지정받고 업무 실적을 평가받아 등급에 따른 보수를 받았으며, VCNC가 작성한 매뉴얼에 따라 업무를 수행하였다. 그러므로, VCNC는 타다 드라이버의 사용자에 해당한다. VCNC는 프리랜서 드라이버와는 별도로 「파견근로자 보호 등에 관한 법률」에 따라, 파견사업주로부터 파견근로자(파견 드라이버)의 사용사업주였고, 파견 드라이버와 프리랜서 드라이버의 업무수행에 본질적인 차이가 없으므로 VCNC를 사용자로 판단하는 데 무리가 없다. 협력업체와 ‘임차인 알선 및 운전용역 제공계약’을 체결한 쏘카와 VCNC 사이에 체결된 “예약중개계약”에는 “운전용역 관련 비용의 정산대행” 등의 내용이 포함돼있었다. 따라서 VCNC와 협력업체 사이에는 쏘카를 매개로 한 묵시적 근로자파견 관계가 성립한다. 그러나 타다 드라이버가 부당해고 구제신청한 사건에서 중앙노동위원회는 VCNC가 아닌 쏘카를 드라이버의 사용자로 판단해 구제명령하였고, 쏘카가 이에 불복해 낸 행정소송에서 1심 법원은 타다 드라이버는 근로자가 아니고, 쏘카도 사용자가 아니라고 판단하였다. 이러한 판단은 플랫폼을 매개로 한 근로관계, 특히 모빌리티 플랫폼 사업의 본질적 특성에 집중하지 못한 것이라 판단된다. 타다 서비스는 「여객자동차운수사업법」 및 노동관계법령의 빈틈에 기반해 마련된 서비스다. 플랫폼 노동자를 보호하고 사용자에게 법에 따른 책임을 지게 위해서는 명목상의 계약이 아니라 근로관계의 실질에 천착하는 것이 중요하다 할 것이다.

敎育大學生의 敎職態度 變化를 위한 카운셀링課程의 構案과 實驗 : 敎師知覺開發과 關聯하여

朴太佑 淸州敎育大學校 1975 論文集 Vol.11 No.-

The aim of this study is to work out the counseling programme for Changing of teaching professional attitude, intended to fit up a rule of its application to our teachers college students, to put it to practical test for them, and to identify to what degree the programme can exert virtually significant influence on the changes of their teacher's perceptual adequacy systems, teaching professional attitudes and general self concepts as an undertake of veryfying its effectiveness. which is an object of our current concern in the light of teacher training in the school situation. Alongside this study serves the purpose for suggesting the sheer necessity over the programme by finding out the status quo of teacher's perceptual adequacy systems teaching professional attitudes, and self-concepts of teachers college students producing a gloomy long-range outlook. The problems to be made clear in this study are as follows: 1. Can the teacher's perceptual adequacy system be deservedly improved by the coun seling programme for teaching professional attitudes change (TPAC) under the focus of this study? 1-a. Can the counseling programme for TPAC bring about significant variation difference between both the experimental group and control group? 1-b. Can the counseling programme for TPAC also bring about significant variation difference between both the upper group (members with higher positive perceptual adequacy in their scores) and lower group (members with more poor negative perceptual adequacy) at the same time particularly even to the negative group? 2. Does the counseling programme for TPAC have sizable relations with the teaching professional attitude changes? 2-a. Do the teacher's perceptual adequacy systems have significantly positive correlations with the teaching professional attitude changes through the medium of the counseling programme? 2-b. Does the counseling programme for TPAC bring about significant variation differences to the teaching professional attitudes between the groups? 3. Does the counseling programme for TPAC likewise have significant relations with the general self-concept changes? 3-a. Does the self-concept changes have significant correlations with the teacher's preceptual adequacy systems as developed to suit the study for the counseling programme for TPADC? 3-b, Does the counseling programme for TPAC bring about significant variation differences to the general self-concepts between the groups? 4. Under what state are the teacher's perceptual adequacy systems, teaching professional attitudes, and self-concepts of teachers college students in which we are interested as a situation for education? In order to clarify the above problems, 72 students (36 women and 36 men) who are receiving teacher training at Chongju Teachers college, were sampled at random, and they were arranged into two sub-group experimental group and control group (each 36 persons) on the scores of Choi Jong-Hun's Perceptual Orientation Tests. The experimental group was administered the counseling programme for TPAC and the training programme as devised by the research founded on the theoretical principles and models relevant to this study over the 16 hours in all during one month. The outlines of the programme are designed as follows: Programme I : Self-involvement in the programme. 1) Self-approach to the teaching profession. 2) Introduction of the course. 3) Decision of participating in the programme. 4) Administration of pre-tests. Programme 2 : Principles of perceptual psychology 1) Grasping of the meaning of teacher's perception and teaching professional attitude. 2) Understanding of the importance of teacher's perception. 3) Formation and changeability of teacher's perception. 4) Relationship of teacher's efficiency and teacher's perceptual adequacy systems. Programme 3 : Confirmation of the problems. 1) My problems in the selection of teaching profession 2) Searching out the causes in the conflicting problems. Programme 4 : Relevant information-analysis. 1) Analysis of life-space * analysis of teaching profession and self * analysis of societal realities and cultural value view * case-analysis and scope-enlargement of cues. 2) New understanding of teaching profession and self. * understanding of teaching profession * understanding of one self * understanding of the re1ationship between teacher's perception and socio-cultural value 3) Approach to the positive teacher's perception. * self-introspection and its result-analysis * successful teacher's perceptual adequacy systems * Acquirement and practice of teacher's perception Programme 5 : Self-determination 1) My determination as a teaching staff and ground-presentation 2) Detecting difficulties expected of teaching profession Programme 6 : Future behavior schemes. 1) Life creed. 2) My future life planning. 3) Working out of the way for riding out dilemma. Programme 7 : Supporting the promotion of reference group. 1) My own professional attitude to teacher. 5 2) Scheme for promoting "we-feelingness". 3) Evaluation on the overall programme. 4) Administration of post-tests. As for the measurement tools used, tile teacher's perceptual orientation tests. teacher's perceptual adequacy tests, teaching professional attitude tests and self-concept tests were given to the two same groups twice for the pre-tests and post-tests. The collected data were manuplated separatedly with the statistical methods, such as Pearson's level of significance and covariance analysis regarding the variation differences to get evidences available for the study. The results made clear here are shown as follows: 1. The counseling programme for TPAC yielded a high percentage of significant variation differences (F=164 18 P<.005) in the teacher's perceptual adequacy sys tems between both the experimental group and control group, and simultaneously yielded significant variation differences (F=172, P<.01) among the higher scored group and lower scored group on the teacher's perceptual adequacy tests in line with the reseachr's expectation. 2. The variations of the teacher's perceptual adequacy systems had significantly positive correlation with those of the teaching professional attitudes (r=49, P<.01), and the teaching professional attitudes had significant variation difference between the experimental group and control group (F=127.63, P<.005). 3. The variations of the teacher's perceptual adequacy systems had also significantly positive correlation (r=.43, P<.01) with those of the general self-concepts, and there were striking variation differences between both the experimental group and control group (F=114.99, P<.005). 4. As regards to the post tests the perceptual orientation tests showed a great proportion of negative tendency at the 3 percent level of M=173.2 far below the 215 points of 50 percent level, the teaching professional attitudes showed a some measure of negative tendency computed at M=25.1 less than 30 points of the negative limit, and the self-concept tests also showed negative tendency, remaining to be at the 39 percent livel of M=275.8 heavily below the 303 points of 50 percent level in terms of the standard of nation-wide college students. On the basis of the findings listed above, the conclusions can be drawn as follows: 1. The adapted counseling programme for TPAC, as testified so far in this study, can escalate the possibility of altering teachers perceptual adequacy systems favorable toward the educational sector, and the programme can also allow bright prospect for shifting teachers perceptual adequacy systems either from the negative or close to negative, particularly even the less positive systems to the more positive ones. 2. The counseling programme for TPADC can exercise considerable influence on the changes of teaching professional attitudes, and general self-concept owned by the teachers college students in the targeted direction desired of the teaching profession soon to be engaged in. 3. To great amazement, the current trends of the would-be teacher student's teachers perceptual adequacy systems, teaching professional attitudes, general self-concepts have taken turn-downed swing to the negative ones, which are now at high stake for Korean education. The materials related to the study as conducted in the context of the counseling programme still are not sufficient enough to be completed, and there leave much to be desired for making up for the shortfall of the study or many questions remain to be further more investigated ranging over the overall gamut of this study processes. However, if such rooms for improvement are permitted, it is confirmed that the counseling programme for TPAC can prop up it selfectiveness, and the programme can facilitate to change from the negative to be more positive teachers perceptual adequacy systems, teaching professional attitudes and self concepts to be borne by the efficient and prospectful teachers. It is believed that this study will supply a host of pertinent suggestions and data and be conducive to the teacher education in pre-service teacher training as well as in in-service teacher training in view of the dearth of techniques useful for the counseling like it. To sum up, it is held true that this study will entai1 still mores work for consummating the follow-up study concerning such a counseling programme for teaching professional attitude changes and at the same time polishing the programme for TPAC to he used in the teacher education.

父母의 育兒方式과 兒童의 道德判斷能力과의 關係에 관한 硏究

朴太佑 淸州敎育大學校 1975 論文集 Vol.11 No.-

This study is an attempt to specify the relationship between the child-rearing practices of the family and the children's moral development. Secondarily this study aims at making practical suggestions for moral education of both family and school based on the current child-rearing practices of Korean family. More specifically the study seeks to answer the following questions 1. what is the relationship between the child-rearing practices of the family and the level of children's moral judgment? 2. what aspects of child-rearing practices are more important for children's morel judgment? 3. Does the developmental process of children's moral judgment show difference according to the family child-rearing practices? 4. Are the child-rearing practices different in different family backgrounds? The conceptual model of child-rearing practices in this study was based on the "cognitive-discriplinary" model suggested by Lee et al (1973). They conceptualized the child-rearing practices in terms of "sense-dominated and "meditated" types in line with the Hebb's (1966) distraction between the higher and lower behavior and the Bernstein's (1961) theory of social learning. As for the moral judgment, this study used the Piaget's(1932) methodology and formulation of children's moral judgment. The theoretical link between the child-rearing Practices from the cognitive-disciplinary perspectives and the children's moral judgment was strongly indicated in the Lee's study. In answering the above-listed questions, this study tested the following hypotheses: 1. The child-rearing practices of the family are related to children's moral judgment. This hypothesis is specified into 3 sud-hypotheses as follows: 1-a. The children of "mediated child-rearing group show more developed level of moral judgment than do their 'sense dominated" counterparts. 1-b. The constituent areas of child-rearing types are significant in the level of development of moral judgment in children. 1-c. The types of child-rearing Practices make difference to the developmental process of children's moral judgment. 2. The family child-rearing practices are different in different socio-economic backgrounds of the family. In order to test the above hypotheses, 178 primary school children of the first to sixth grades or six to twelve years of age, and their mothers were sampled. Data are collected through questionnaire based interviews with both the children and their mothers. The tools used in this study are, 1) "child-reactices questionnaire" developed by Lee et al. (1973), and 2) aselection of problem-situation stories with regard to "responsibility" and "justice"aspects of morality by Piaget(1932) adjusted as felt necessary to the Korean culture. The former was used in the interview with the mothers, and. the latter was used in interview with the children. The collected data were analyzed to examine, 1) the correlation of the child-rearing practices and the level of children's moral judgment, 2) the level of children's moral judgment by the constituent areas of child-rearing practices, 3) the developmental process of children's moral judgment by the types of child-rearing practices, and 4) the child-rearing practices by the socio-economic background of the family. The results obtained in this study are as follows: 1. The child-rearing practices are positively correlated to the level of children's moral judgment with its two component aspects of morality. The correlations are r=.4l in the total score of morality, and r=.29, r=.35 in the "responsibility" and. ''justice'' aspects. 2. Of the 7 constituent areas of child-rearing practices, the 5 areas are significant in the level of children's moral judgment. i.e., 1) reward and punishment (physical vs psychological) 2) presentation of objectives (short term vs long term) 3) manifestation of impulse (immediate vs reprieved) 4) principles of control (result vs intention) 5) mode of description (concrete vs abstract) 3. The "mediated" type of child-rearing practices. as compared to the "sense-dominated" type, tends to facilitate the developmental process from "heteronomous" to "autonomous" moral judgment in children. 4. The difference of child-rearing practices the difference of the socio-economic background of the family. The higher the educational levels of the parents and the more their occupations are related to intellectual activities, the more the parents tend to bring up their children in the "mediated" way. In spite of the limitations of this study in particularly the collection and processinw of the data, the study has partly confirmed. the usefulness of the cognitive disciplinary model of child-rearing practices in early moral development of children. It is believed that furtherrefinement of this study will contribute to the development of trining prog ram of child-rearing practices for mothers, and to the planning of moral education both in family and school.

冷戰後 韓國-유럽聯合(EU) 關係의 새로운 模索 : 協力의 同伴者인가?, 市場의 競爭者인가?

박태우 경희대학교 아태지역연구원 1998 아태연구 Vol.5 No.-

父母의 育兒方式과 兒童의 認知樣式과의 關係에 관한 硏究

朴太佑 淸州敎育大學校 1977 論文集 Vol.13 No.1

學校組織의 革新性 增進方案에 관한 探索

朴太佑 淸州敎育大學校 1977 論文集 Vol.14 No.-

Separation of free water of ginseng and anti-inflammatory effect

박태우,이종우,강혜정,고희경,박준성 한국공업화학회 2020 한국공업화학회 연구논문 초록집 Vol.2020 No.-

Fresh ginseng has water of 60~70%. It is dried for long-term storage and protecting deterioration. In this study, free water was separated by drying dried ginseng purchased by region, and the amount of free water separated from the weight of whole ginseng was identified. Free water was analyzed by GC-MS, and total polyphenol content and anti-inflammatory effect were confirmed. Free water was separated by 60~69% of the total weight of fresh ginseng, identified by GC-MS had more components than conventional ethanol extracts. The total polyphenol content was between 3.2 and 4 mg GAE/g. Anti-inflammatory effects confirmed by NO assay inhibited 55.16% in 10% water and 100% NO in water diluted to 30%.

소아 종골에 발생한 병적 골절을 동반한 단순 골낭종 - 1 예 보고 -

박태우,조성도,조용선,김범수,서재희,류석우,황수연,Park, Tae-Woo,Cho, Sung-Do,Cho, Young-Sun,Kim, Bum-Soo,Suh, Jae-Hee,Lew, Sog-U,Hwang, Su-Yeon 대한족부족관절학회 2001 대한족부족관절학회지 Vol.5 No.2

Unicameral bone cysts are benign solitary lesions that occur in the first two decades of life and with a greater frequency in the humerus and femur. The cyst is usually asymptomatic unless a fracture or impending fracture is present. The traditional method of treating unicameral cysts has been curettage with bone graft or steroid injection. Also, pathologic fractures in the calcaneus, unlike in other bones, are reported especially in the children to be nonexistent. In general, closed treatment was recommended for most of the calcaneal fractures in children, but suggested open reduction when joint displacement was severe. We report a case of displaced intraarticular fracture of the calcaneus with unicameral bone cyst in a child treated by classic curettage, allograft and open reduction with screw fixation.

역행성 AO 비확공성 상완골 금속정을 이용한 상완골 간부 골절의 치료

박태우,조성도,조용선,김범수,류석우,김문찬,김기용 대한골절학회 2002 대한골절학회지 Vol.15 No.3

목 적 : 역행성 AO 비확공성 상완골 금속정을 이용하여 상완골 간부 골절을 치료하고 그 결과에 대해 보고 하고자 한다. 대상 및 방법 : 1996년 4월부터 2001년 8월까지 본원에서 상완골 간부 골절에 대해 역행성 AO 비확공성 상완골 금속정을 이용하여 수술을 시행한 환자 18례를 대상으로 하였으며 기구의 특성상 골절부위에 압박을 줄 수 없는 비교적 분쇄가 심한 경우는 본례에서 제외하였다. 평균 연령은 34세(17~53), 추시 기간은 평균 19개울(7~32)이었으며 수상 원인은 모두 외상으로 교통사고가 11례로 가장 많았다. 골절의 위치는 전례에서 중위 1/3과 중위 1/3 및 및 원위 1/3의 이행부였으며, 골절의 양상은 AO분류상 12A3가 11례, 12B2가 2례, 12A2가 4례였다. 전례에서 금속정은 주두와 상부에서 삽입하였고, 금속정의 원위부는 상완골 골두쪽으로 위치시킨후 가능한 경우 압박 나사를 이용하여 골절부위의 압박 효과를 얻도록 시도하였다. 결 과 : 골유합까지의 평균 기간은 12.2주(9~16)였고, 2례에서 금속정 삽입시 삽입부 근위피질에 의인성 골절이 발생하였으며, 그 중 1례에서 불유합이 발생하여 술 후 13개월째 금속정을 제거하고 관혈적 금속판 내고정술과 골 이식술을 시행하여 술 후 12주에 골유합을 얻었다. 술 후 일시적인 견관절 동통이 4례에서 발생하였고 관절 운동 범위는 견관절 및 관절에서 정상 범위를 보였다. 결 론 : 상완골 간부 골절 치료시 역행성 AO 비학공성 상완골 금속정을 이용한 경우 수술 수기의 잘못으로 발생될 수 있는 합병증을 줄인다면 금속정의 압박 효과에 의한 불유합 및 지연유합을 줄일 수 잇어 상완골 간부 골절, 특히 단순 횡형 골절에서 유용한 치료 방법중의 하나라고 생각된다. Purpose :To evaluate the results of the treatment of humeral shaft fractures using retrograde AO Unreamed Humeral Nail(UHN). Materials and Method:From Apr. 1998 and Aug. 2001, 18 humeral shaft fractures were treated with retrograde AO UHN. All fractures were classified according to the AO classification. The results were analyzed by bony union time, range of motion and complication. Results:There were eleven cases of A3, two B2, one B3, four A2 humeral middle shaft fractures according to the AO classification. The mean bony union time was 12.2 weeks(range;9-16 weeks). All patients regained full range of motion of the shoulder joint and the elbow joint but 2 patients with intraopenatively ruptured capsule had transient elbow motion limitation. Complications were iatrogenic fractures at the entry portal in 2 patients(15%), transient shoulder pain in 4 patients(30.7%), nonunion in 1 patient(7.6%), required bone graft and internal fixation after removal of the nail at 13 months postoperatively. Conclusion :The treatment of humeral shaft fracture with retrograde AO unreamed humeral nail is one of the good options to reduce the rate of non-union or delayed union by compression effect if the intraoperative errors is prevented.

最適學習條件 模型中心의 國民學校 敎科 專擔制 運營效果에 관한 硏究

朴太佑 淸州敎育大學校 1987 論文集 Vol.24 No.-

The present paper is a study of the development of learning ability in an elementary School when each subject course is taught by each subject-specialized teacher equipped with the optimum teaching conditions and ideal model of class. The research Plan is to organize two object models, one consisting of 3rd grade pupils only and the others of 4th through 6th grade pupils, and with the former taught by the course-specialized teachers in charge of 3rd grade pupils and the latter by those in charge of 4th through 6th grade pupils This research is to be carried out over 3periods, each period corresponding to one year. In detail the year 1985 is corresponding to research preparation the year 1986 is to carrying out the research plan, and the year 1987 is to analyze the research results to see whether the results are valuable and recommendable. The research results up to now is as follows: A. Teaching Ability 1. The units of curriculum are shown to have been carried out without fail. 2. Compared with the teachers load under the system by which a teaches all subject courses, this new type of teaching has teaching load reduced to a degree. 3. Under this now type of teaching, teachers have found themselves pleased with their own major field and positive and active in the quiding of their pupils. 4. As a consequence, the teachers are able to concentrate on their own study and to discover a creative teaching method adequate for various group teaching based on the distinct ability on the part of pupils. 5. The repeated teaching of the same teaching plan has enabled each teacher to well-prepare for teaching aids, study his or her teaching plan competently and develop his or her own fruitful teaching methods. B. Pupils' Learning Ability 1. The pupils learning attitude has an printed object owing to learning activities suitable for learning Condition. As the result of examination by paper test and observation, learning ability for themselves, positiveness and self-reliance about learning have been more improved before this study. 2. The level of pupils interest in their own learning is developed and shown a balanced distribution in each subject by expanding opportunities to be participated in their class work according to their ability. 3. Result of standardization achievement test shows that average of "T", marks is more improved than before this study and that of 5th through 6th grade appears much bigger margin than 4th grade in considering grades, Also the level of rank among the whole schools is more improved than before this study in comparing the result of achievement test executed by Chung-buk province. The above result has an analysis that learning ability of pupils in 5th through 6th grade who are taught by this new type of teaching is more improved than in 4th grade. The above is desirable accomplishment resulted from achievement of this study, but the problems in the process of this study is as follows. 1. Quantity of teachers teaching hours is too much because the number of teachers is insufficient in contrast with the that of subjects in an elementary school. 2. By greatly reducing hours of home-room teachers contact with his own pupils. the opportunities of quiding their personality is insufficient in terms of their character is tics.