The question of whether the legal status of a contracting party providing service is an employee under the Labor Standards Act or not, has long been controversial. This issue will continue to be controversial as the form of providing labor service is changing. In the early days, the legal status of contractual labor providers or special form workers had been questioned. But now, the question of whether unpaid interns or volunteers can be employees can be found. Under the Labor Standards Act, the definition of employee and the definition of labor contract basically presuppose subordination for wage. So far, discussion on the legal status of labor providers has been made under the assumption of payment. The concept of employment and the need for protection also have the scalability on the discussion above. However, due to no payment, in the cases of unpaid interns and volunteers, the existing precedent standard for employees has not been met. As a result, it became doubtful whether the principle of real judgment established by precedent is now necessary to be interpreted differently. In this paper, I examined the diversification of labor providing types and its legal issues, and discussed the implications of the emergence of new types.