[Anchor]

The government is pushing to introduce a presumptive employee system that would classify private tutors and delivery riders as workers, making hiring companies responsible for severance pay and the four major public insurances. While the Ministry of Employment and Labor is rushing to legislate this within the year, it has been confirmed that opposing views have emerged not only from both labor and management but also from within the government itself.

Reporter Jeon Hyeong-u has this exclusive report.

[Reporter]

Currently, when delivery riders or freelancers file lawsuits to claim severance pay, they must prove on their own that they were de facto employees who worked under instructions from the company.

However, under the presumptive employee system pursued by the Ministry of Employment and Labor, this burden of proof shifts to the business owner.

When a severance pay lawsuit is filed, a company can only avoid liability if it proves that it did not exercise direction and supervision, meaning the individual cannot be regarded as an employee.

The Ministry of Employment and Labor maintains its stance to enact the law within this year.

[Kim Young-hoon / Minister of Employment and Labor (Oct. 14 Parliamentary Audit): We will actively support discussions in the National Assembly so that it can be revised within the year.]

However, disagreements have surfaced from within the government.

According to this document obtained by SBS, the Ministry of Justice delivered its opinion to the Ministry of Employment and Labor that sufficient review is necessary regarding this bill.

It pointed out that while confusion is expected to arise as lawsuits unfold, the actual effect of protecting workers is not significant.

The document also noted a provision allowing labor inspectors to demand relevant materials from businesses, pointing out that it could be unconstitutional as it may coerce unfavorable statements and allow materials to be seized without a warrant.

Management has already opposed the measure, arguing that small-scale business owners will bear the burden, while labor circles are also pushing back, demanding that they be recognized as workers from the start and guaranteed the four major public insurances.

[Hong Ji-wook / Vice President of the Korean Confederation of Trade Unions: We must demand the amendment of the Labor Standards Act and the proper establishment of a presumptive employee system to ensure the recognition of worker status.]

With disagreements flaring up between labor and management as well as among government ministries, the legislative push for the presumptive employee system within the year is expected to face considerable turbulence.

(Video filming: Shin Jin-soo, Kim Se-kyung | Video editing: Choi Hye-ran | Design: Seo Seung-hyun | Photo courtesy of the office of Representative Kim So-hee)