[Asia Economy Reporter Woo Su-yeon] The Supreme Court has issued a final ruling recognizing the validity of a collective agreement that requires the special hiring of children of employees who died from work-related accidents, raising concerns in the business community about whether conflicts might spread to overall corporate hiring issues.
On the 27th, the Supreme Court's full bench overturned the lower court's ruling that declared the collective agreement requiring special hiring of children of employees who died from industrial accidents invalid, and remanded the case to the Seoul High Court. This was in the appeal trial of a damages claim lawsuit filed by the bereaved family of Mr. A, who died from a work-related accident, against Hyundai Kia Motors, where the original ruling partially favored the plaintiff.
In response, the business community expressed concerns that other applicants might raise issues regarding the fairness and equity of hiring opportunities due to this Supreme Court ruling, and that social conflicts could escalate amid worsening youth unemployment. They also argued that the court is restricting corporate freedom in employment contracts and could provoke social resentment toward job inheritance.
A representative from the Korea Employers Federation said, "We expected a reasonable judgment considering freedom of occupational choice and employment, as well as fairness among applicants, but we regret the Supreme Court's decision, which does not reflect changes in societal awareness."
A Hyundai Kia Motors official stated, "The special hiring clause in the collective agreement targets one direct family member of the bereaved family of an industrial accident death, so we expect its proportion in overall hiring to be minimal. However, we are concerned that issues related to special hiring might arise mainly among large corporations."
On the other hand, the labor sector welcomed the Supreme Court's ruling, evaluating it as a natural outcome. A representative from the Metal Workers' Union said, "It is the employer's obvious duty and social norm to protect the lives of workers injured or killed while working and their families. It is fortunate that the incorrect ruling has now been corrected and that employers' responsibilities have been clearly enforced."
The Supreme Court's decision is expected to affect other companies that have similar special hiring clauses in their collective agreements like Hyundai Kia Motors. Even before the Supreme Court's final ruling, this case had sparked social controversy over fairness issues related to special hiring. The bereaved families argued that special hiring is about taking responsibility for the livelihood of families of workers who died from industrial accidents and is not about taking jobs from others, while the company side countered that the court is infringing on the constitutional fundamental right of freedom in hiring and shaking the foundation of hiring principles.
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