Notices

The Korea Student Aid Foundation (KOSAF), whose status as a principal employer was reviewed by the Ministry of Employment and Labor, a Regional Labor Relations Commission, and the National Labor Relations Commission, will begin collective bargaining with a subcontractor union. The parties are scheduled to hold their first formal meeting on October 16. The meeting comes seven months after the General Service Workers’ Union requested bargaining with KOSAF on March 10, when the amended Trade Union and Labor Relations Adjustment Act took effect.

According to a decision obtained by Maeil Labor News on October 5, the National Labor Relations Commission overturned the initial decision in KOSAF’s appeal concerning the separation of bargaining units, while recognizing KOSAF’s status as an employer in relation to certain bargaining issues. The Gyeongbuk Regional Labor Relations Commission had previously granted the General Service Workers’ Union’s application to separate the call center from the overall subcontractor bargaining unit in its bargaining relationship with KOSAF.

The National Labor Relations Commission recognized KOSAF’s status as the principal employer with respect to the issue of “measures to protect emotional labor workers and improve the working environment.” The Commission noted that call center workers perform their duties in counseling facilities designated by KOSAF and use computer systems owned by the Foundation. On this basis, it concluded that KOSAF exercises control and decision-making authority over working conditions related to occupational safety and health. The Commission also found that call center operations differ in nature from ordinary outsourcing arrangements. It determined that operating a call center for counseling on student loans and financial support is an essential and continuous service required for KOSAF to perform its core functions. The Commission further noted that call center workers are exposed to considerable emotional stress, including verbal abuse from complainants, while performing their duties. It therefore concluded that they fall within the scope of workers subject to KOSAF’s occupational safety and health management responsibilities.

By contrast, the Ministry of Employment and Labor’s Collective Bargaining Determination Support Committee had previously denied KOSAF’s employer status with respect to the same issue, citing the fact that each contractor independently provides the workplace and protective measures.

 At KOSAF’s request, the Support Committee reviewed whether the Foundation qualified as the principal employer of the call center workers. It found that each contractor independently leases office space in separate external buildings, establishes and operates its own call center, and maintains its own health protection manual for customer-service workers.

The Ministry explained that the differing conclusions reached by the Support Committee and the Gyeongbuk Regional Labor Relations Commission resulted from differences in the bargaining issues raised by the union.

However, the National Labor Relations Commission reviewed all five bargaining issues that the union had previously submitted to the Support Committee, including measures to protect emotional labor workers and improve the working environment. Unlike the Support Committee, the National Labor Relations Commission recognized KOSAF’s status as the principal employer with respect to that issue. However, it denied KOSAF’s employer status regarding the remaining four bargaining issues:

direct employment; job security and union participation in connection with the introduction of new technologies and system restructuring;

budget increases and improvements to the wage structure; and improvements to leave policies. The Commission also concluded that there was no need to establish a separate bargaining unit because the General Service Workers’ Union, which represents the call center workers, is the only union within KOSAF’s subcontractor bargaining unit.

By Lee Su-yeon October 6, 2026, 6:30 a.m. su@labortoday.co.kr

Source: Maeil Labor News