Supreme Court: Freelance Announcers Are Not Subject to the Labor Standards Act

Over 10 Years of Radio Broadcasting... 'Concurrent Positions Allowed, Flexible Commute'
Law: "Work Conditions Not Specified in Contract... Not Bound by Company"

The Supreme Court has ruled that a freelance announcer who worked as a radio program host for over 10 years cannot be considered a worker under the Labor Standards Act.

The ruling was based on the fact that the contract did not specify working conditions, and since commuting was free and holding multiple jobs was allowed, the Labor Standards Act did not apply.

The Supreme Court's Second Division (Presiding Justice Cheon Dae-yeop) announced on the 13th that it upheld the lower court's ruling dismissing the lawsuit filed by freelance announcer A against Gyeonggi Broadcasting seeking severance pay and other claims.

From August 2006 to December 2018, A had a freelance broadcasting appearance contract with the company and worked as a radio program host. The contract allowed A to freely commute as long as it did not interfere with the production of broadcasting programs, and holding multiple jobs was permitted. In practice, A worked as a program host according to the contract while also hosting internal broadcasts for company C and serving as an instructor for company B.

When the contract ended, A filed a lawsuit claiming severance pay and various allowances totaling about 64 million won, arguing that since A was an employee hired through the company's open recruitment, the company was obligated to pay under the Labor Standards Act.

The first and second trial courts ruled that A could not be considered a worker under the Labor Standards Act. They stated, "The contract does not specify working conditions and multiple jobs were allowed," and "It is difficult to recognize that the company designated A's commuting times and locations or that A was bound by such conditions."

The Supreme Court also agreed that the lower courts' judgment, which found that A was not a worker subject to the Labor Standards Act, was correct.

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