C) Protection of the Special Form of Workers and Constitutional Significance of Forced Labor According to the 2019 NHRCK’s human rights survey,550) the cargo workers were more likely to get work through platform, rather than from fixed customers, as many logistics platforms have been created in the field of cargo transportation. On the one hand, they seem to be able to freely choose their working hours, but it turns out that they are working super long hours, close to 14 hours a day, 6 days a week. There seems to be a social consensus on the need for specific measures, as long hours of work and overloading of workers in the freight transportation field can cause various safety problems. Moreover, due to technological development, social changes, and changes in labor, fundamental changes are needed to protect the workers through labor laws, including expanding the concepts of workers and employers subjected to labor-related laws and relaxing the worker indicators. On the other hand, it is necessary to consider the constitutional meaning of forced labor as related to the order for commencement and under what circumstances it can be permitted. Since the founding of Korea, no law or system stipulated extreme forms of forced labor, such as forced labor under the Japanese colonial rule.551) As a result, no constitutional disputes have arisen over issues of indirect, compulsory provision of labor in the Korean society, such as work in detention facilities, fulfillment of military service obligations, and the social service system.552) However, forced labor is strictly prohibited, as Article 12(1) of the Constitution stipulates that “no person shall be subjected to involuntary labor except as provided by the law,” and international human rights standards, such as Article 8(3) of the ICCPR and ILO Conventions No. 29 and No. 150,553) except for some exceptional cases. In other words, in 550) NHRCK Human Rights Status Survey, Survey of Platform Workers’ Human Rights Status, Nov. 2019. 551) However, cases in which individuals with intellectual disabilities were subjected to forced labor under slavish confinement, and human rights violations against children, the homeless, and the disabled in shelters for multiple people in the past have become social problems. 552) Jeong, Young-hun, Review on the Principle of Prohibition of Forced Labor Under the Constitution, 2018. 553) The Constitutional Court considers that the above provision of the ICCPR has the same purpose as the latter part of Article 12(1) of the Constitution (Constitutional Court, Jul. 16, 1998, 97HunBa23.), and Korea ratified ILO Convention No. 29, which came into effect on Apr. 20, 2022. 224

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