'Late PD Lee Jaehak's Extreme Choice' Recognized as Worker Including Cheongju Broadcasting PD and Writers
Ministry of Employment Announces Results of Labor Inspection
On November 3rd last year, Hong Jeong-min and Yoon Mi-hyang, members of the Democratic Party of Korea, along with the late Lee Jae-hak PD's Countermeasure Committee, held a press conference at the National Assembly Communication Hall, urging the prompt implementation of the four-party agreement with CJB Cheongju Broadcasting and condemning the reversal of their position. (Photo by Yonhap News)
View original image[Sejong=Asia Economy Reporter Moon Chaeseok] More than half of the freelance PDs and broadcast writers working at CJB Cheongju Broadcasting, where a freelance PD’s extreme choice incident occurred, have been judged by authorities to be workers under the Labor Standards Act. This result came after the government conducted a labor inspection following the death of the late PD Lee Jaehak, who died while engaged in a lawsuit related to unfair dismissal. This is the first case recognizing the legal status of those contracted as freelancers by a broadcasting company as workers. If freelancers are recognized as workers, the company must take follow-up measures such as paying overdue wages.
On the 26th, the Ministry of Employment and Labor announced the results of the labor inspection of Cheongju Broadcasting, including this information. Mr. Lee was found dead after losing the first trial of a lawsuit seeking confirmation of worker status against the company. The Ministry judged that 12 out of 21 freelancers, including PDs and broadcast writers at Cheongju Broadcasting, qualify as workers under the Labor Standards Act. All three freelance PDs were recognized as workers. Although they had freelance contracts with Cheongju Broadcasting, they were found to be subordinate to the company like workers, receiving direction and supervision from regular PDs belonging to Cheongju Broadcasting. The Ministry explained, "It was found that they strongly exhibited signs of workers under the Labor Standards Act, assisting regular PDs from preparation for filming to video editing during the program production process."
Among freelance broadcast writers, 5 out of 9 were recognized as workers. They were under the direction and supervision of regular PDs or programming team leaders at Cheongju Broadcasting, and performed tasks beyond their core writing duties, such as event planning and management of cast members, which served as grounds for their recognition as workers. The 4 who were not recognized as workers were judged to be independent, performing their tasks at their own discretion without a subordinate relationship.
All four Master Directors (MDs), who oversee programs and advertisements for broadcast transmission within set times, were also recognized as workers. Although they belonged to subcontractors, they were confirmed to have been directly directed and supervised by regular PDs at Cheongju Broadcasting, which the Ministry of Labor judged to constitute illegal dispatch. Illegally dispatched workers are subject to direct employment. Reporters, DJs, MCs, and makeup staff were not recognized as workers. The Ministry’s judgment was that they performed their duties at their own discretion without receiving direction or supervision.
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During the labor inspection targeting Cheongju Broadcasting workers, the Ministry of Employment and Labor uncovered nine violations of labor laws. Regarding wage arrears, it was found that over the past three years, approximately 750 million won in overtime, night, holiday work allowances, and annual leave allowances had not been paid to 88 current and former employees. Cheongju Broadcasting has completed payment of the overdue wages following the Ministry’s corrective orders. The Ministry plans to expand its investigation to other broadcasting companies, as there may be more cases where PDs and others at broadcasting companies are not protected by labor laws under the pretext of being freelancers.
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