Court Orders "KBS to Directly Employ Illegal Dispatched Workers and Pay 24 Billion KRW in Compensation"

Subsidiary 'KBS Mediatech' Employees 232 People, 23 Billion KRW Claim

[Asia Economy Reporter Yoo Byung-don] A court ruling has determined that KBS's illegal dispatch and differential wage payment to workers belonging to its subsidiary responsible for broadcasting program production is unlawful.

The Civil Division 13 of the Seoul Southern District Court (Presiding Judge Hong Ki-chan) ruled that KBS must directly employ about 200 workers of its subsidiary KBS Mediatech, who filed a lawsuit against KBS and KBS Mediatech, and pay approximately 24 billion KRW in damages.

KBS Mediatech, a subsidiary of KBS specializing in video production, was established in 2009 and is effectively a subcontractor that signed a consignment contract for broadcasting program production with KBS.

The plaintiffs argued, "We provided labor for KBS under KBS's direction and command, but KBS illegally received labor dispatch services from KBS Mediatech," and "KBS violated the Dispatch Act by paying lower wages than KBS workers performing the same or similar tasks due to our status as dispatched workers."

They also filed a civil lawsuit in 2019 claiming about 24 billion KRW for 232 people, demanding compensation for the wage difference between dispatched workers and KBS workers from the start to the end of the dispatch period.

In response, KBS and KBS Mediatech argued, "The plaintiffs worked under the direction and supervision of KBS Mediatech, and KBS only provided necessary information as the contractor for the subcontractor to complete the work."

They claimed that the tasks of KBS workers and KBS Mediatech workers are functionally distinct, and even if the plaintiffs are dispatched workers, there is a significant qualitative difference from KBS workers' tasks, so there is a reasonable basis for the wage difference.

The court judged that the employment relationship between KBS and those responsible for news anchoring, news video editing, sports broadcasting, SNG van (broadcast vehicle) operation, audio recording, news CG, NLE (video effects), scheduling CG, and special video production corresponds to dispatch.

It also found that the plaintiffs' work was carried out under KBS's instructions and was closely and continuously connected with KBS employees' work, thus substantially integrated into KBS's business.

Furthermore, the court considered that KBS exercised dominant authority over working conditions, such as controlling the plaintiffs' vacation schedules; the plaintiffs' tasks did not require high-level expertise or technical skills; and KBS provided all equipment including KBS Mediatech's facilities, concluding that they were dispatched workers.

However, for five workers responsible for sound design, the court ruled that a significant portion of their work was outsourced unrelated to KBS, and it was difficult to see that the responsible PD exercised binding instructions over the plaintiffs, thus determining it was a contract for work rather than dispatch, dismissing their claims.