The Tragic Case of Oh Yo-Anna and the Need for Freelance Labor Rights Reform

On September 15, 2022, former MBC weathercaster Oh Yo-Anna tragically took her own life, leaving behind a 2022 income statement that showed earnings of less than 20 million won. This document revealed no employment income, only business income, indicating that she was classified as a self-employed individual rather than an employee of MBC. Under tax law, she was subject to a 3.3% withholding tax on her business income. While many refer to individuals like Oh as 'freelancers,' the reality is that they often work under conditions similar to traditional employees, lacking the protections afforded to them.

Oh's death went unnoticed for three months until her family claimed that workplace bullying contributed to her decision to end her life, alleging that MBC had concealed this information. Following these revelations, MBC issued a statement on January 28, 2023, which drew criticism for failing to express condolences and instead focusing on external forces disrupting the company. MBC emphasized Oh's status as a freelancer, stating that she had never reported her grievances to management.

Had Oh been classified as a regular employee with a labor contract, she would have been protected under laws against workplace harassment. If the allegations of bullying were true, those responsible could have faced fines, and if MBC had concealed the issue or retaliated against her, they could have faced criminal charges. Furthermore, she would have been entitled to benefits from industrial accident insurance, as workplace harassment is considered an occupational hazard. However, the ambiguity surrounding her status as a freelancer left her without these protections.

Oh was publicly hired by MBC as a weathercaster in May 2021, which inherently suggested her employee status. However, MBC did not view her as an employee from the outset. In a YouTube video she recorded, she confirmed receiving a notification from MBC stating she was selected as a 'freelance weathercaster in training.'

She worked according to a schedule set by the company, received work instructions, and was subject to management oversight, which her family argues indicates a subordinate relationship rather than a true freelance arrangement. A family member noted that Oh suffered from depression and insomnia due to workplace bullying, leading her to rely on alcohol to sleep, which resulted in tardiness and a reduction in her broadcasting duties.

The working conditions for weathercasters, as described by an anonymous current weathercaster, reveal that nearly all are under freelance contracts, receiving pay per report. While the specifics of work directives may vary by broadcaster, the scheduling is entirely controlled by the company. This creates a situation where the supposed independence of freelancers is undermined by the reality of their working conditions.

The issue of 'fake freelancers' is not limited to the broadcasting industry. An estimated 8 million workers in South Korea are believed to be in similar precarious positions. According to a report by the National Assembly's Environment and Labor Committee, the number of non-wage workers, who are subject to the 3.3% withholding tax, has been steadily increasing, with 8.47 million recorded in 2022, of which 8.35 million did not have business registration.

Many workers have reported similar experiences during their job searches. A survey conducted by the online union 'Workplace Abuse 119' found that 27.4% of respondents had signed freelance contracts, with 65.3% stating they worked under direct supervision. This lack of a formal labor contract leaves them without access to severance pay, paid leave, or industrial accident insurance.

One case involved a 56-year-old woman named Shin, who worked as a cook for two and a half years before injuring her leg in an accident. Despite her employer's promise to cover medical expenses, she received only a termination certificate stating her freelance contract had ended, with no severance or industrial accident insurance coverage.

The prevalence of 'fake 3.3' contracts raises questions about labor rights in South Korea. The family of Oh Yo-Anna is advocating for the creation of the 'Oh Yo-Anna Law' to protect those who are effectively deprived of their labor rights under the guise of freelance work. Lawmakers are being urged to address these issues in relevant committees, highlighting the urgent need for reform in labor protections for freelancers.