[Korea Economic Daily] "No Obligation to Directly Employ Toll Collectors"… First Victory for Operating Companies, Led by the Legal Representation through Lee & Ko

On December 1, 2024, the Korea Economic Daily reported on a notable victory by the Employment & Labor Team of Lee & Ko, regarding the complex issue of whether an operating company is obligated to directly employ toll collectors, who were not direct employees but subcontracted workers. The article stated, "The 17th Civil Division of the Suwon District Court fully dismissed the claims of 22 former toll collectors from a private highway operator (Company A) in a labor-related lawsuit filed against Company A on the 2nd of last month." The ruling is significant as it marks the first court decision affirming that private highway operators have no obligation to directly employ toll collectors affiliated with subcontractors. This outcome diverges sharply from a Supreme Court ruling in April of last year and is expected to set an important precedent for disputes involving worker dispatch relationships.

In connection with the case, Jae-in Noh, an attorney from Lee & Ko’s Employment & Labor Team who represented Company A, commented, "In dispatch cases, it was crucial to demonstrate that the “substance” of the contractual relationship, as evidenced by emails, text messages, and KakaoTalk messages exchanged between the parties, takes precedence over “formalities” such as contracts and task orders.