Selected Cases
Labor & Employment
Court decision recognizes broadcasting actors as workers under the Labor Union Act
In 2012, when Korea Broadcasting System (“KBS”) refused to hold collective bargaining with the Korea Broadcasting Actors Union (“Actors Union”)―a labor union consisting of broadcasting actors―on the grounds of single-channel bargaining, etc., they moved for the National Labor Relations Commission (“NLRC”) to divide broadcasting actors who belong to the Actors Union and workers who belong to KBS into separate bargaining units. However, NLRC, who was reviewing the motion, dismissed the Actors Union’s motion on the ground that it was difficult to regard broadcasting actors belonging to the union being in a relationship of control and supervision with KBS.
Thus, the Actors Union filed a lawsuit against NLRC to revoke the latter’s decision with regard to the separation of bargaining units. However, the court of first instance dismissed the lawsuit on the ground that broadcasting actors were not workers under the Labor Union Act or Labor Standards Act.
One Law Partners represented the Actors Union before the appellate courts in this case, and on January 22, 2015 obtained a decision revoking NLRC’s decisions, including that of the court of first instance. This case, recognizing that broadcasting actors are workers under the Labor Union Act, is expected to greatly affect not only the cultural industry workers but the status of many workers under special employment relationship in the future, as well.
In this case, One Law Partners, taking in consideration the characteristics of the broadcasting industry, performed a litigation through a cooperation between its Labor Team and Entertainment Team. Based on its broad expertise in labor law and accurate understanding of the broadcasting industry, it submitted to the court specific arguments and evidences showing that broadcasting actors’ are workers in nature.
As such, a successful result was achieved through aggressive pleadings (e.g., visiting of drama shooting sites, motion for on-the-spot inspection, gathering of overseas theories and cases, etc.).
[Relevant Attorneys]
Thus, the Actors Union filed a lawsuit against NLRC to revoke the latter’s decision with regard to the separation of bargaining units. However, the court of first instance dismissed the lawsuit on the ground that broadcasting actors were not workers under the Labor Union Act or Labor Standards Act.
One Law Partners represented the Actors Union before the appellate courts in this case, and on January 22, 2015 obtained a decision revoking NLRC’s decisions, including that of the court of first instance. This case, recognizing that broadcasting actors are workers under the Labor Union Act, is expected to greatly affect not only the cultural industry workers but the status of many workers under special employment relationship in the future, as well.
In this case, One Law Partners, taking in consideration the characteristics of the broadcasting industry, performed a litigation through a cooperation between its Labor Team and Entertainment Team. Based on its broad expertise in labor law and accurate understanding of the broadcasting industry, it submitted to the court specific arguments and evidences showing that broadcasting actors’ are workers in nature.
As such, a successful result was achieved through aggressive pleadings (e.g., visiting of drama shooting sites, motion for on-the-spot inspection, gathering of overseas theories and cases, etc.).
[Relevant Attorneys]
- Yong Ho HONG: Tel) +82-2-3019-3952 / Email) yhhong@onelawpartners.com
- Sung Yong CHAE: Tel) +82-2-3019-2825 / Email) sychae@onelawpartners.com
- Heon-Yup LEE: Tel) +82-2-3019-2820 / Email) hylee@onelawpartners.com
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