Seoul High Court Recognizes Delivery Platform Riders as Workers…Invalidates Dismissal

The Seoul High Court's 38th Civil Division (Presiding Judge Lee Ji-young) ruled on the 3rd in favor of the plaintiff in a lawsuit filed by delivery rider Mr. A against a mobile delivery platform company regarding the invalidity of his dismissal and back wages. Mr. A signed a 'delivery service entrustment contract' with the company in May 2021 and was notified of the contract termination and equipment return by the company in December of the same year.

The court cited the fact that Mr. A performed work only through the company's app and was subject to the company's command and supervision, including real-time monitoring by company management via GPS. Furthermore, the panel presented the fact that the nature of the work and wage calculation standards were determined according to the company's criteria as additional grounds, judging that Mr. A provided labor in a subordinate relationship for the purpose of receiving remuneration and thus qualifies as a worker under the Labor Standards Act.

Accordingly, the court deemed the dismissal of Mr. A invalid and ordered the company to pay wages from the date of dismissal until the date of reinstatement.