Andy’s wife, former announcer Lee Eun-joo, wins final labor status confirmation lawsuit against KBS

Lee Eun-joo, a former announcer and wife of Andy, a member of the group Shinhwa, won the final lawsuit seeking confirmation of employee status against KBS.

Last August, the Supreme Court denied employee status in a case where a freelance announcer claimed severance pay, but in Lee's case, although she worked under a freelance announcer contract, the court ruled that she could be recognized as an employee because she worked in a manner practically equivalent to an exclusive announcer.

Shinhwa group member Andy (right) and his wife Lee Eun-joo. Photo by SBS variety show 'Same Bed, Different Dreams 2 - You Are My Destiny' broadcast screen capture.

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According to the legal community on the 12th, the Supreme Court's 2nd Division (Presiding Justice Min Yoo-sook) recently finalized the lower court's ruling in favor of Lee in the lawsuit she filed against KBS seeking confirmation of employee status.

The court explained the reason for dismissing KBS's appeal, stating, "There is no error in the lower court's judgment such as misunderstanding the legal principles regarding the interest of confirmation, failing to conduct necessary hearings, or violating the rules of logic and experience, thereby exceeding the limits of free evaluation of evidence."

Lee signed a freelance host contract and worked as an announcer at KBS Gangneung Broadcasting Station and KBS Chuncheon Broadcasting Station from November 2015. She initially started as a weathercaster and later worked as a TV and radio news presenter.

Among the contract clauses Lee signed with the company, there was a provision that defined the contract period as including personnel recruitment and program reorganization. However, according to a clause stating that if neither party notifies the other of termination or modification of the contract at least 15 days before expiration, the contract is automatically extended under the same conditions until the end of the next program, Lee continued working by hosting several programs.

However, in July 2019, KBS hired new employees and assigned them to KBS Chuncheon Broadcasting Station, and subsequently informed Lee that she would no longer host news and requested her to step down from all programs except for one radio program segment. In response, Lee filed a lawsuit seeking confirmation of her status as an employee.

The Supreme Court judges employee status based on substance rather than the form of the contract. In other words, regardless of the contract's title or form, it examines whether the worker provides labor to the employer under a subordinate relationship for wages, judging each case individually.

The first trial ruled in favor of KBS.

The court cited that Lee's contract did not include clauses regarding work supervision and control, that she was not subject to KBS's employment rules or service regulations, and that she did not receive the training required for KBS employees.

It was also considered that Lee did not have fixed working hours, was not forced to stay at the broadcasting station after finishing broadcasts at scheduled times, and was free to leave. Additionally, Lee conducted events and programs organized by other companies and earned income without KBS's permission.

However, the second trial's judgment was different.

The second trial court found that Lee worked almost daily according to the company's broadcast scheduling, took turns with other announcers for weekend shifts, and reported vacation schedules to the company, thus working in a manner almost identical to exclusive contract announcers, indicating she was effectively exclusive to KBS.

The court noted that KBS instructed Lee on the color of clothing to wear during broadcasts and provided documents outlining broadcast composition and narration scripts, showing involvement in her work. The fact that Lee wore sponsored clothing and received hair and makeup services from KBS-affiliated stylists in KBS's dressing room also supported recognition of employee status.

In particular, the court stated that Lee should be considered a fixed-term employee, and since KBS continuously renewed her contract for over two years, she should be regarded as an employee under the "Act on the Protection of Fixed-term and Part-time Employees" (Fixed-term Employment Act) who has entered into an indefinite-term employment contract.

The court concluded, "The plaintiff is an employee who has entered into an indefinite-term employment contract, and the reason cited by the defendant for contract expiration does not constitute a 'justifiable reason' under the Labor Standards Act, making the dismissal unfair and invalid."

The Supreme Court also found no problem with the second trial court's judgment.

Meanwhile, it is reported that KBS has ordered Lee's reinstatement following the Supreme Court's final ruling.

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