Feb 18 • 11:32 UTC 🇰🇷 Korea Hankyoreh (KR)

Court: Concrete Truck Owners are Workers... 20-Year-Old Supreme Court Ruling Overturned

A recent ruling by the Seoul Administrative Court has declared that concrete truck drivers are considered workers under labor law, reversing a previous Supreme Court ruling from 20 years ago.

The Seoul Administrative Court has recently ruled that concrete truck drivers, represented by the Korean Confederation of Trade Unions, are recognized as workers under the Trade Union and Labor Relations Adjustment Act, a significant reversal of the Supreme Court's decision from 2006 that denied such status. The court's judges concluded that these drivers, while operating as independent contractors, are effectively bound to specific companies due to the nature of their contracts, which are renewed annually and stipulate working hours and conditions dictated by the employers.

This ruling comes as part of a broader trend in South Korea towards recognizing the labor rights of individuals in non-traditional employment situations, such as private tutors and delivery workers, who have also seen a shift in how their worker status is perceived legally. Legal experts, such as attorney Lee Dong-ryeol, argue that this case reflects an expansion of labor rights recognition that began after a landmark Supreme Court ruling in 2018, which showed a more inclusive interpretation of who qualifies as a worker under labor laws.

The implications of this ruling are significant for labor relations in South Korea, particularly in the logistics and construction sectors. Previous cases highlighted by the ruling indicate that a growing number of workers in similar situations may find legal backing for their collective bargaining power, moving towards stronger labor rights protections. In light of recent judicial trends, it seems likely that this will encourage further challenges to the classification of non-traditional workers as independent contractors, fostering a more equitable labor environment for a broader range of workers in the country.

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