"Idolbomi Also Workers Under Labor Standards Act," Supreme Court's First Ruling

The Supreme Court has made its first ruling that babysitters providing childcare services to dual-income couples and others are workers under the Labor Standards Act.

According to the legal community on the 24th, the Supreme Court Division 1 (Presiding Justice No Tae-ak) overturned the lower court's ruling that dismissed the wage claim lawsuit filed by babysitter Kim and 163 others against four service agencies including the Gwangju University Industry-Academic Cooperation Foundation, and remanded the case to the Gwangju High Court on the 18th.

Supreme Court, Seocho-gu, Seoul.

Earlier, in July 2019, Kim and others filed a lawsuit demanding overtime, night, and holiday work allowances, weekly holiday allowances, and annual leave allowances. They argued that "babysitters are workers under the Labor Standards Act who provide labor in a subordinate relationship belonging to the service agencies."

The first trial court accepted their claims and ordered the payment of the overdue allowances, but the second trial court had a different judgment. The second trial court stated, "Babysitters do not fall under workers under the Labor Standards Act," and "Even if they were considered workers, it is difficult to see that the rights and obligations under the labor contract belong to the defendants who were only entrusted with the operational authority of the service agencies."

However, the Supreme Court stated, "Kim and others fall under workers under the Labor Standards Act who provide labor in a subordinate relationship," and ordered a retrial and reconsideration of the case. The Supreme Court noted that Kim and others had signed labor contracts for a certain period, that the business guide published by the Ministry of Gender Equality and Family effectively acted as a service guideline, that the service agencies had the authority to designate working hours and locations, and that sanctions were possible for poor attendance. Furthermore, the court recognized that the service agencies are employers under the Labor Standards Act. Accordingly, it held that the service agencies have the obligation to pay various allowances stipulated under the Labor Standards Act to the babysitters.

This content was produced with the assistance of AI translation services.