On the 27th of last month, the Supreme Court confirmed the court's defeat of the plaintiff in a lawsuit filed by Busan's proxy driver A against driver B to confirm the absence of worker status.
The Supreme Court judged that there is a command and supervision relationship as B relies on income from driving work allocated from A or a partner company, and could have terminated the contract if the company unilaterally determined fees or business compliance matters and violated them.
Earlier, Company A signed a partnership contract with proxy drivers such as Mr. B and allocated driving requests to drivers through a mobile phone app that is used jointly with other suppliers.
Later, when the Busan proxy driver industry union, to which Mr. B joined, demanded collective bargaining in 2019, Company A rejected it and filed a lawsuit, saying that the proxy drivers were only business operators and not workers.
Both the first and second trials dismissed the claim, judging that Mr. B was a worker under the Trade Union Act, and Company A appealed, but the Supreme Court maintained the same conclusion after more than four years of hearing.
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