Jungbu Regional Employment and Labor Office Seongnam Branch Legal Interpretation
Protection Possible Under the Labor Standards Act
Expected Impact on Numerous Workers Employed by YouTubers
A ruling has been made that workers employed by YouTubers who engage in video editing and planning should be recognized as workers under the Labor Standards Act. This is the first case in which worker status was acknowledged for a manager and planner employed by a YouTube channel.
Until now, many cases did not receive protection under the Labor Standards Act because they were perceived as freelancers and hired through verbal agreements without written employment contracts. However, with this ruling, other workers employed by YouTubers are expected to receive protection under the Labor Standards Act just like general broadcasting workers.
On the 18th, Yonhap News reported that the Seongnam branch of the Central Regional Employment and Labor Office responded on the 8th regarding a complaint filed by B, who was employed as a manager and planner by YouTuber A, who has about 1.4 million subscribers, accusing A of violating the Labor Standards Act.
B started work on December 19 of last year, and on December 31, during an outdoor broadcast, B was injured in the back while demonstrating skiing in place of A. B was diagnosed with a thoracic vertebral compression fracture requiring six weeks of treatment and resigned on January 10 of this year.
B attempted to apply for industrial accident insurance and medical benefits, but A’s side reportedly said, “Since you are a freelancer, we cannot process industrial accident claims.” Consequently, on March 4, B filed a complaint with the Labor Office requesting punishment for A for violating the Labor Standards Act. It was confirmed that B was enrolled in employment insurance and industrial accident insurance at the time of hiring.
In its response, the Labor Office stated, “B is considered a worker under the Labor Standards Act who provided labor for wages under a subordinate relationship with A.”
The Labor Office’s grounds for this judgment include: ▲ a verbal contract with a fixed monthly salary indicating the subjectivity of labor itself ▲ the authority of the respondent to give work instructions and approvals ▲ the respondent bearing necessary expenses such as broadcasting props ▲ and the lack of opportunity for B to generate profit independently beyond the fixed salary.
This judgment by the Labor Office is expected to affect workers employed by YouTubers as well. It sets a precedent that they can receive protection under the Labor Standards Act just like general broadcasting workers.
Ha Eun-seong, a labor attorney at Saetbyeol Labor Office who represented the complainant, said, “This case can be a beacon of hope for many broadcasting workers who work on online platforms without proper contracts,” adding, “Given the increase in related workers due to the activation of online platforms, this ruling holds great significance.”
Meanwhile, recently, some contracts have included clauses where workers waive employment contracts and enter into business income contracts, leading to an increase in cases where worker status is denied.
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