Ministry extends labor protections to YouTube production staff injured during shoot

(123rf)

South Korea's Ministry of Labor and Employment has recognized a YouTube production staff member injured during a video shoot as an "employee" and thus eligible for industrial accident insurance coverage, in a decision that could potentially pave the way for extended labor protections for gig workers in the content industry.

According to local reports Monday, the ministry's decision came on Aug. 8 with regard to the case filed by Lim Dong-seok, a man in his 20s who had worked as an assistant for a YouTube channel with 1.4 million subscribers.

Last December, Lim had injured his back while performing a ski stunt during a live broadcast. When he sought to file an industrial accident case to claim insurance compensation, the owner of the YouTube channel refused to cooperate, claiming Lim was self-employed and ineligible for coverage.

Korea's Industrial Accident Compensation Insurance system is designed to support workers with job-related injuries. However, independent contractors are often exempt from these benefits, facing complex processes to access coverage.

Lim had verbally agreed to work as the YouTube channel's assistant when he was hired, a common arrangement in the content industry.

When the YouTuber offered to pay only half of his medical expenses, Lim took the matter to the Labor Ministry. In March, he filed a complaint with the Seongnam regional labor office, requesting a review of his eligibility for the insurance. The next month, he also submitted a worker compensation claim to the Korea Workers' Compensation and Welfare Service, a Labor Ministry affiliate that oversees the insurance's operations.

Despite Lim's status, the Korea Workers' Compensation and Welfare Service ruled in June that he qualified as an employee, citing his fixed schedule and the YouTube channel owner's direct oversight of his daily tasks as evidence of a traditional employment relationship. Earlier this month, the Seongnam regional labor office also upheld this ruling.

The decision marks the first time South Korean authorities have recognized a YouTube production staff member as an employee. It stands in contrast to a 2023 case in which a Seoul district court ruled against production crew members who were suing a YouTube channel owner for underpaying them. In that case, the court determined the crew members did not meet the criteria for employee status, leaving them without recourse for compensation. The case is currently under appeal.

"This ruling gives hope to countless production staff sidelined from legal protection," Lim's representative was quoted as saying. "We appreciate the Labor Ministry's decision to honor the worker's status as it is – subordinate to the employer regardless of the specific tasks."

By Moon Ki-hoon(moonkihoon@heraldcorp.com)