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記事

2025年5月14日

著者:
Yong-jun Lee, Labor Today

S. Korea: Freelancer coalition group call for end to legal blind spot in protections

““Neither worker nor business owner”: 3.3 freelancers call for recognition as workers calls grow for presumption of worker status amid expanding insecure labour market”, 14 May 2025

With South Korea’s 21st presidential election approaching, freelance workers are demanding the recognition of their basic labour rights. The “3.3 Freelancer Labour Rights Network” held a press conference (....) the network is a coalition of six organisations, including the Hanbit Media Labour Rights Centre, Korea Irregular Workers’ Centre, Right-Finding Union, Broadcasting Writers’ Union, Youth Union, and Working Citizens Research Institute.

The term “3.3 freelancers” refers to individuals who provide services independently and are classified as self-employed contractors, paying a 3.3% income tax on their fees. Most do not hold formal business registration and, despite functioning much like employees, are excluded from the protections afforded under the Labour Standards Act. This is due to the absence of a guaranteed base wage or fixed working hours. As a result, they remain outside coverage of key protections, including the national social insurance schemes and industrial accident compensation.

[…] The network’s primary demand is the introduction of a presumption of worker status system. This would involve amending Article 2 of the Labour Standards Act to presume that all individuals engaged in work are employees, unless proven otherwise. Employers would bear the burden of proof to demonstrate that the individual is not a worker, using criteria such as the degree of direction and control exercised, or the nature and scope of the business arrangement.

[…] On the ground, freelance workers report that, because they are not legally recognised as employees, they are often offered contracts that pay below the minimum wage.