방송사 프리랜서 아나운서의 근로기준법상 근로자성 판단과 지위확인의 효과

Abstract

In this case, an announcer who has been hosting news after signing a program appearance contract, a so-called freelance contract, seeks confirmation of her status as a newscaster in a case where she was excluded from news-hosting work as the broadcasting company recruited new employees. As a specific issue, it can be said whether an announcer who has signed a formal freelance contract has an employee status under ｢the Labor Standards Act｣, and if so, whether there is an interest in seeking confirmation of the employee status for being excluded from work by the broadcasting company.
 Regarding these issues, the target judgment is based on the fact that the plaintiff has performed the same duties as a full-time announcer under the considerable direction and supervision of the broadcasting company, and has performed many of the tasks that would not have been performed unless the announcer had a subordinate relationship to the broadcasting company. It is difficult to find data showing that the broadcaster appeared on a separate broadcast other than the broadcast program produced by the broadcasting company, the fact that he worked at the broadcasting station on weekdays and weekends while working all broadcasting schedules and duty, and while sharing each broadcasting schedule through a group chat room, Considering that it was decided to replace the announcers' schedules in case of disruption, it was judged that it was reasonable to assume that the plaintiff was actually assigned to the broadcasting company.
 in addition, in the target judgment, the plaintiff is a fixed-term worker and must be regarded as a worker without a fixed period under ｢the Act on the Protection of Fixed-term and Part-time Workers｣, etc.It is invalid as a dismissal, and therefore, as long as the broadcaster is fighting it, the plaintiff judges that it has an advantage to seek confirmation.
 In conclusion, the target judgment is the first ruling in which the civil court recognized the employee status of freelance announcers who signed freelance contracts with broadcasting companies in a situation where the status of freelance announcers continues to be controversial. In today's labor-related laws, recognition of employee status plays a role of an essential gateway for legal protection, and in that only those who pass this barrier are eventually subject to legal protection, the result of the target judgment is not only for announcers, but also for writers who are producers of broadcast programs.I think it is meaningful in that it can have a lot of influence on the controversy over workers such as PDs.