Former MBC weathercaster Oh Yo-anna (Oh Yo-anna's Instagram)
Former MBC weathercaster Oh Yo-anna (Oh Yo-anna's Instagram)

Following the news of workplace harassment former weathercaster Oh Yo-anna allegedly suffered before her death, holes in South Korea’s Labor Standards Act for contract workers have been brought to the surface.

Oh, formerly a weathercaster for Munhwa Broadcasting Corp., was found dead on Sept. 15, 2024. The controversy surrounding her death only intensified recently, as her bereaved family discovered a 17-page will on her phone that led the family to file a civil lawsuit against her colleagues on Jan. 23, citing workplace harassment. Screenshots of KakaoTalk messages Oh had apparently exchanged with coworkers were also revealed in local media reports, further intensifying criticism surrounding the case.

Based on what Oh wrote in her will and what has been revealed in local media, labor attorney Kim Hyo-shin said during an interview with YTN that “workplace harassment cannot be denied” in Oh’s case.

“To justify something as workplace harassment, the persistence, repetition and intentionality of the reported behavior is looked into (by authorities),” Lee added. “Though intentionality cannot be proven just yet, their actions seem to have been persistent and repetitive -- a typical type of workplace harassment.”

However, whether Oh would be protected under the Labor Standards Act for workplace harassment is “a different matter,” according to Lee, as Oh had signed a contract with MBC as a freelancer.

According to the Labor Standards Act, only those who are recognized as an employee under the aforementioned law are protected against workplace harassment and ensured workers’ rights such as the 40-hour workweek, minimum wage standards and health insurance coverage. Freelancers and independent contractors like Oh -- even if they have a contract -- are not recognized as employees and so not protected under the Labor Standards Act.

Upon revelations surrounding Oh’s death, a freelance broadcaster who spoke to The Korea Herald under the condition of anonymity stated that Oh’s story “did not feel like a stranger’s story.”

“Even though I’m employed as a freelance broadcaster, I work like a full-time employee. I follow orders from my boss and am subject to working hours that were assigned to me by my company,” the broadcaster said. “But compared to others who are employed full-time where I work, I’m treated differently.”

“Recently, many of my coworkers that I worked with were suddenly let go without further explanation when my broadcast station was reforming its programs for the new year,” he explained further. “This is unthinkable for full-time employees in Korea. I never once felt like I was protected as an employee by my company, ever. The unstable working environment and lack of protection make me feel uneasy.”

The problem surrounding this lapse in the law is bigger than not guaranteeing the same workers’ rights as regular full-time employees, according to experts. Labor attorney Lee Jin-ah said that most workers who are freelance or independent contractors are “unaware that they cannot be protected under the Labor Standards Act.”

"Some only realize it when they experience some form of abuse, while others may never find out at all — fortunate if they never need to rely on legal protections," Lee told The Korea Herald.

According to Workplace Gabjil 119, a group of labor experts and lawyers focused on protecting workers’ rights and eliminating workplace abuse, in a recent survey conducted with 274 individuals employed as independent contractors or freelancers from Dec. 21, 2024 to Jan. 11, 44.9 percent of respondents answered that they were unaware that they were not subject to protections under the Labor Standards Act. Over 65 percent of the 274 respondents also answered that they had been subject to specific orders and were assigned working hours despite their independent contractor status.

“The Labor Standards Act must be reformed so that basic labor laws apply to all workers, whether they are independent contractors, subcontractors or freelancers,” Lee further added. “All workers should be given the right to unionize and protect themselves from unfair dismissal and termination, while also being protected from discrimination and workplace harassment.”

On Tuesday, the Ministry of Employment and Labor announced that it would investigate whether Oh can be recognized as a worker under the Labor Standards Act.

Though freelancers in theory cannot be recognized as employees under the law, the ministry stated that freelancers could be otherwise categorized under certain conditions. Factors include whether Oh was directly supervised by her boss, whether she was required to work specific hours at a set location and how her compensation was structured.