‘민들레’ 프리랜서 피디, 지노위서 근로자성·부당해고 인정됐다

'민들레' freelance content creator Kim Gi-seok received recognition as a proper employee and a compensation for unpaid wages by Seoul Metropolitan Labour Standards Commission (지노위) after his contract termination. This decision comes after the 'mere resemblance' freelancers being acknowledged as employees and emphasizing the user's responsibility for proof.

According to the analysis, 지노위 ruled that Kim Gi-seok should be considered a worker under the Labor Standards Act, as the termination of the contract was due to dismissal, and the reasons and procedures for dismissal were unjustified. The commission ordered ㄱc to pay wages for the duration of the contract period, as the termination had been one-sided, resulting in ㄱc not receiving the full salary.

The termination took place on March 5th, 2023, after ㄱc was informed of contract cancellation due to YouTube's shutdown in January and February. Despite being informed, ㄱc continued working, leading to 지노위's decision that he was unjustly terminated. The commission emphasized the importance of assessing the practical aspects of employment rather than merely formal contract terms.

They acknowledged that Kim Gi-seok, who primarily worked from home, did not have his workspace controlled by the user and that he had employed a third party to perform his duties, which was prohibited in the contract. Despite ㄱc's efforts to prove his independent work status, the commission required more specific evidence. As a result, 지노위 recognized ㄱc's worker status, and the termination became unlawful beyond the initial 3-month contract period.

This decision extends the 'continuity' concept for determining worker status, addressing the imbalance in the responsibility of proof between workers and users.