Notable developments in Labor Case Law

Supreme Court : 2023.5.26. In a wage dispute initiated by a taxi driver against the taxi company, the Court deemed the agreement between them to be void. This agreement indirectly allowed the company to transfer fuel expenses to the drivers, violating the Act On The Development Of Taxi Transportation Business (Article 12, Paragraph 1). This law restricts companies from passing fuel costs to drivers. Additionally, the Court disallowed the misleading wage increase for drivers, which ostensibly appeared as the company covering fuel costs, but in fact, continuing to burden the drivers.

Seoul High Court : 2023.5.26. In a wage dispute case lodged by contract teachers against the Republic of Korea, the City of Seoul, and the Gyeonggido Office of Education, the Court concluded that the existing laws establish distinct legal statuses for regular and contract teachers, thereby ruling out the possibility of direct comparison for the purpose of claiming discriminatory treatment. As such, the Court dismissed all damage claims made by contract teachers. However, the Court also underscored the need for concerted policy research and initiatives aimed at aligning the roles and responsibilities of contract teachers with those of regular teachers. This would ensure a practical enforcement of the 'equal pay for equal work' principle.

Seoul Central District Prosecutors' Office : 2023.6.2. Regarding a devastating incident where a worker fatally fell at a construction site in Seocho-gu, Seoul, the Prosecutors' Office discovered several safety oversights on the company's part. They revealed that the company had not supplied workers with essential safety equipment such as helmets, harnesses, and fall protection devices. The Office also uncovered information that, in the four months following the resignation of the previous safety manager, the company had failed to appoint a successor and had instead assigned a regular employee to the role, primarily due to financial considerations. The Office deemed these actions to be a serious neglect of the company's responsibility to ensure a safe and healthy work environment, which led to the tragic accident. As a result, they charged the company's CEO with violating the Serious Accidents Punishment Act.

Notable developments in Employment and Labor Policies

Hazard Assessment Briefings : On June 1, 2023, the Ministry of Employment and Labor (“MOEL”) announced its plan to organize workplace hazard assessment briefings throughout the month of June, under the supervision of 47 local labor offices nationwide. This briefing aims to provide essential information specified in the ordinance, targeting personnel related to workplaces who are obligated to conduct hazard assessments. It encourages ongoing assessments and the sharing of their results through the use of TBM (Task-Based Method). Additionally, the briefing will promote on-site safety activities and introduce various methods of hazard assessment, such as the three-level (low, medium, high) risk classification method, checklist method, and the One Point Sheet method, using diverse case examples. A guidebook titled “Easy and Convenient Methods for Hazard Assessment" will also be distributed (for specific schedules, please refer to the respective local office websites).

Workplace Changes for Foreign Workers : On June 1, 2023, MOEL distributed explanatory materials regarding the articles "Serious Issue with Foreign Workers' Tardiness in SMEs" (Maeil Business News) and "Abuses from Foreign Worker Require Prevention of Workplace Changes for a Certain Period" (Seoul Economy). MOEL responded that the improvement direction of the workplace change system is a matter on which labor and management hold differing positions. Currently, a Task Force (TF) on the workplace change system is planning to swiftly establish reasonable improvement measures by gathering opinions from both sides, as well as experts.