Caddy Who Committed Suicide Due to Workplace Bullying... Court Rules "Company Must Compensate"

"Victims of Harassment Don't Necessarily Have to Be Workers"
Previously, the Ministry of Labor and Korea Workers' Compensation and Welfare Service Did Not Recognize This

[Asia Economy Reporter Kim Hyunjung] A ruling has been made that a company must compensate even special employment workers who have not signed an employment contract if they suffer workplace harassment.

According to Yonhap News on the 19th, on the 15th, the Civil Division 1 of the Goyang Branch of Uijeongbu District Court (Presiding Judge Jeon Kiheung) ruled in a damages claim lawsuit filed by the bereaved family of Mr. A, who died while working as a golf course assistant (caddie), against Konkuk University Corporation and manager Mr. B, ordering "the defendants to compensate the bereaved family approximately 170 million KRW."

Mr. A, who worked as a caddie at a golf course in Paju, Gyeonggi Province, took his own life in September 2020. He had previously worked at this golf course, resigned, and rejoined in July 2019. During his one-year tenure, he was continuously harassed by manager Mr. B, who was called the so-called 'Captain.' Mr. B frequently verbally abused and reprimanded Mr. A via walkie-talkie, which others could hear, saying things like "You’re not too fat to run, so run," and "You messed up the entire course."

Unable to endure the situation, Mr. A posted a message on the company’s internet cafe in 2020 to report the unfair treatment. However, the post was immediately deleted, and Mr. A was expelled from the cafe. Since the cafe was used to post work rules and attendance sheets, losing access meant he could no longer continue working. Effectively dismissed, Mr. A made an extreme choice two weeks later.

The court pointed out, "Mr. B, in his position overseeing and managing caddies, used his superior status to cause physical and mental suffering to Mr. A and worsened his working environment." Citing Supreme Court precedents recognizing civil liability for workplace harassment due to deteriorated working conditions, the court stated, "Although this ruling concerns harassment between business owners, superiors, employees, and other workers in the workplace, the victim does not necessarily have to be an employee." This means the legal principles of this ruling can be applied to special employment workers like Mr. A. Special employment workers are economically dependent on the business owner and provide labor directly but, unlike employees, are not bound by specific instructions or supervision from the business owner, placing them in an intermediate position between employees and self-employed individuals.

The court further said to Konkuk University Corporation, "It is difficult to see that sufficient care was taken in supervising Mr. B’s office work, so the employer must bear responsibility for Mr. B’s illegal acts."

Previously, Mr. A’s bereaved family reported workplace harassment to the Ministry of Employment and Labor, but the ministry judged that "caddies are not employees under the Labor Standards Act." Additionally, the Korea Workers' Compensation and Welfare Service rejected recognizing Mr. A’s industrial accident, citing that he had submitted an 'Application for Exclusion from Industrial Accident Insurance,' and also denied claims for survivor benefits and funeral expenses.

Regarding this ruling, the civic group Workplace Bullying 119 stated, "This is a meaningful ruling indicating that workplace harassment can be recognized even if the victim is not an employee under the Labor Standards Act, and that employers must be held accountable if they fail to properly manage and supervise workplace harassment." They added, "Special employment workers such as caddies, platform workers, and consignment contract workers are in a legal blind spot because they do not sign employment contracts. The concepts of employer and worker (employee) under the Labor Standards Act should be expanded, and the original contractor should be added to the workplace harassment prohibition clause."

※ If you have difficult concerns such as depression or know family or acquaintances experiencing such difficulties, you can receive 24-hour professional counseling through suicide prevention hotline ☎1393, mental health counseling ☎1577-0199, Hope Call ☎129, Lifeline ☎1588-9191, youth hotline ☎1388, youth mobile counseling app 'Da Deureojul Gae,' KakaoTalk, and other channels.