Notices

The Korean Metal Workers’ Union (KMWU), led by President Park Sang-man, has called on the judiciary to stop issuing rulings that narrow the scope of illegal dispatch of workers and to promptly resolve cases that have been pending for extended periods.

On the afternoon of October 28, the union held a press conference in front of the Supreme Court in Seocho-gu, Seoul. The union criticized the judiciary, stating, “The courts are determining whether illegal dispatch has occurred based on formal arrangements established by companies, while disregarding the actual working conditions on the ground.” The union further argued that the courts were creating artificial distinctions by treating second-tier subcontracting and indirect production processes as falling outside the scope of illegal dispatch.

Choi Myung-sik, head of the Hyundai Steel Non-Regular Workers’ Branch of the union, criticized the courts for treating workers differently based merely on the formal names of their production processes, even though they worked at the same workplace, followed the same shift schedules, and were subject to the same control by the principal company. His remarks referred to an appellate court ruling that rejected Hyundai Steel’s obligation to directly employ certain in-house subcontracted workers at its Dangjin Steelworks. In 2022, the court of first instance recognized Hyundai Steel’s obligation to directly employ all subcontracted workers who had filed the lawsuit. However, in November 2025, the appellate court recognized the direct employment obligation for only 566 workers, while dismissing the claims of 324 workers engaged in heavy equipment operation, facility maintenance, and other related duties. 

Baek Myung-il, head of the Hyundai Motor Asan In-House Subcontract Workers’ Branch, emphasized that the judiciary should examine actual working relationships rather than relying on contractual wording or the formal organizational structure of subcontractors. He criticized a March 2026 ruling by the Seoul High Court, which denied the existence of illegal dispatch during certain periods on the grounds that the subcontractor had operated independently. This ruling came despite a 2024 Supreme Court precedent in favor of subcontracted workers engaged in pre-delivery inspection (PDI) operations at Hyundai Motor’s Asan plant.

Kim Jin-hyung, head of the Hyundai Wia Changwon Non-Regular Workers’ Branch, highlighted the hardship caused by prolonged court proceedings. According to Kim, 42 subcontracted workers at Hyundai Wia’s Changwon plant were dismissed in February 2024 after refusing to sign an agreement not to pursue illegal dispatch lawsuits. The workers filed a lawsuit in 2023 seeking confirmation of their employment status, but the case remains pending before the court of first instance. Kim stated, “Every time judges are reassigned, workers are forced to endure financial hardship for an even longer period.” He urged the judiciary to reform this system. Workers at Donghee Auto have also been awaiting a Supreme Court ruling for more than two years since filing their appeal in July 2024.

Attorney Kim Sang-eun, chair of the Labor Committee of Lawyers for a Democratic Society (MINBYUN), emphasized the need for consistency and factual accuracy in judicial decisions. “Whether a court ruling recognizes or denies workers’ rights, the decision must be based on consistent legal principles and specific facts,” she stated. She called on the judiciary to make decisions based on the actual circumstances of employment relationships and to ensure the prompt protection of workers’ legal rights.

Reporter: Lim Se-woong Published: October 29, 2026, 6:30 a.m. Email: imsw@labortoday.co.kr

Source: Labor Today (https://www.labortoday.co.kr)