Court Rules Outsourced Caregivers Performing Same Tasks as Direct Employees Are "Illegal Dispatched Workers"

[Image source=Yonhap News]

[Asia Economy Reporter Lee Jung-yoon] A ruling has been made that care teachers working at schools and kindergartens under consignment companies who performed the same duties as care teachers directly employed by the Office of Education constitute illegal dispatched labor.

On the 29th, Ulsan District Court Civil Division 16 Judge Yoon Won-mook announced a partial victory for the plaintiffs in a damages claim lawsuit filed by four individuals including Mr. A against the Ulsan Office of Education, ordering the defendant to pay the plaintiffs between 6.18 million and 18.22 million KRW.

Since around 2014, Mr. A and others worked as care teachers under consignment companies and became educational public officials after signing employment contracts with the Office of Education in October 2018.

Mr. A and others filed the lawsuit claiming, "Although the dispatch took the form of a consignment contract during the consignment company period, the companies did not obtain permission for worker dispatch business, so it effectively constitutes illegal dispatch," and demanded compensation of 28 million to 55 million KRW each for damages incurred during the illegal dispatch period based on an 8-hour workday for educational public officials.

The Office of Education argued, "The labor provided by the plaintiffs was based on a consignment contract and does not constitute worker dispatch," and added, "Even if it is considered worker dispatch, the plaintiffs worked 5 hours a day and should only receive wages corresponding to that time."

In response, the court sided with the plaintiffs' claim that it constituted worker dispatch. The court stated, "It is recognized that the plaintiffs prepared plans related to tasks and programs just like care teachers directly employed by the Office of Education, obtained approval from the head teacher and vice principal of the school, and there was no difference from educational public officials in daily instructions," and added, "This corresponds to worker dispatch where labor is performed under the defendant’s direction and command."

However, the court explained, "The wage difference due to working hours does not constitute unreasonable discrimination," and "It is reasonable to calculate the damages based on wages calculated on a 5-hour workday."