High Court Recognizes Platform Workers as Employees, Overturns Lower Court Ruling by Citing Dependency

The Seoul High Court overturned a lower court ruling on Thursday, recognizing a rider working for a delivery app company as an employee under the Labor Standards Act. The 38th Civil Division of the Seoul High Court (Presiding Judge Lee Ji-young) ruled in favor of the plaintiff in a lawsuit filed against a delivery platform company regarding the validity of dismissal and wage claims, overturning the first-instance verdict of defeat. The court declared the dismissal invalid, citing that the rider worked under the specific direction and supervision of the company, and ordered the company to pay wages.

The court based its decision on the fact that Mr. A performed delivery duties solely through the company’s platform app, that the company set working hours and pay standards, and that Mr. A was subject to the specific direction and supervision of the company. The court stated that it is desirable to enact separate legislation that reflects the specific labor characteristics of platform workers.

In a statement, the Korean Confederation of Trade Unions (KCTU) assessed that this ruling is a significant turning point confirming the principle that labor rights must be guaranteed for special-type and platform workers. It urged the establishment of institutional frameworks, such as a presumption of employment.