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After 11 years in a lawsuit filed by those who worked at POSCO's Gwangyang Works as part of a partner company to be recognized as POSCO's workers, we finally won.
The 3rd division of the Supreme Court (Chief Judges Ahn Cheol-sang and Lee Heung-gu) dismissed the lawsuit against POSCO and dismissed the lawsuit against the remaining employees in the worker status verification lawsuit filed by 59 employees of the partner company against POSCO today. Confirmed.
The court explained, "With respect to the plaintiffs who have reached their retirement age during the litigation, the purpose is to abrogate the original court ex officio and dismiss the lawsuit on the grounds that there is no interest in arguing through the lawsuit."
He added, “For the plaintiffs who have not reached the retirement age, the lower court has confirmed the lower court citing the plaintiffs’ claims on the grounds that a worker dispatch relationship has been established between the plaintiffs and the defendant.”
15 workers who worked at POSCO's Gwangyang Works as partners' employees filed a lawsuit against POSCO in 2011 and 44 in 2016, respectively, asking for recognition as workers.
Those dispatched to the Gwangyang Works were in charge of rolling semi-finished products and producing, transporting and managing hot-rolled coils, cold-rolled coils, and plated products.
The court of first instance in each case accepted the company's claim that the employees of the subcontractors could not be considered to have worked under the direction and order of POSCO, and ruled that the plaintiff lost the case.
However, the second trial court ruled that the fact that POSCO indirectly gave instructions on work to the employees of the subcontractors was recognized, and ruled that the status of workers should be recognized.