S. Korea: Court rules that online video content production staff are employees not freelancers
[Unofficial translation provided by the Business & Human Rights Resource Centre]
“YouTuber’s staff win lawsuit demanding minimum wage recognition”. 7 November 2024
Staff members from the YouTube channel Jappap TV have won a lawsuit, demanding recognition as "employees" rather than "freelancers," and seeking payment of the minimum wage from the channel’s operators.
The MINBYUN – Lawyers for a Democratic Society(MINBYUN) represented 15 former staff members of Jappap TV, including Mr. Kim, in a wage claim lawsuit filed in 2022.
At the time, MINBYUN argued that the staff had performed various tasks essential to producing the YouTube channel’s content, such as planning broadcasts, sound work, and filming. However, they claimed no formal employment contracts had been signed, and the staff had not received proper wages. … According to MINBYUN, some workers were paid as little as 2,000 KRW ($1.54 USD) per hour.
The plaintiffs argued that the staff working on the YouTube channel should be classified as employees under South Korea’s Labour Standards Act, not freelancers. The key issue in the case was whether or not the "employee" status should be recognised in the trial...