Written by 3:41 PM Culture

The Ministry of Labor “Recognizes Workplace Harassment in the Case of the Late Oh Yoanna… Regulations Not Applicable”

The Ministry of Employment and Labor has found that the late Anna Oh, who was a weathercaster affiliated with MBC, experienced workplace harassment. However, they stated that she is not recognized as a worker under the Labor Standards Act, so the “Workplace Harassment” provisions of the law do not apply.

The Seoul Regional Employment and Labor Office and the Seoul Western District Office conducted a special labor inspection on MBC and confirmed that Oh was repeatedly exposed to comments that were difficult to justify as necessary for work, according to societal norms, after her employment.

The ministry noted that although Oh received guidance and advice from senior weathercasters since joining in 2021, unnecessary and personal remarks were repeatedly made during this process. For example, when Oh was to appear on the TV program ‘You Quiz,’ a senior commented publicly, “What can you possibly say on You Quiz?”

Based on the fact that Oh was a newcomer and had explicitly detailed her mental distress in her will, the ministry concluded that these actions constituted workplace harassment.

However, they could not recognize Oh as a worker because she did not participate in administrative duties performed by other employees outside of news program appearances. Some weathercasters held exclusive contracts with external agencies, engaging in personal commercial activities freely and keeping all their earnings.

The ministry stated that Oh performed her duties autonomously without specific direction or supervision, was not subject to work rules or disciplinary regulations, and had no defined working hours or leave procedures.

An official from the ministry commented that although harassment typically isn’t assessed if the victim is not considered a worker, this special inspection accounted for allegations of harassment against other weathercasters, as well as Oh’s case, emphasizing that MBC must address the issue internally since legal action under the Labor Standards Act is not applicable.

They also uncovered other instances of workplace harassment and sexual harassment within MBC. From a survey of all 1,726 employees, 115 out of 252 respondents (45.6%) reported either experiencing or knowing someone who experienced harassment or sexual harassment at work.

The investigation revealed a team leader in MBC’s news and informational department repeatedly used abusive language publicly, citing the urgency and importance of work, without any reported challenges to this behavior.

The ministry has requested an organizational culture improvement plan from MBC and will monitor its implementation. They also examined the worker status of freelancers in the news and informational department, recognizing 25 individuals as workers under the Labor Standards Act and instructed MBC to ensure better contractual terms for them.

Moreover, issues like unpaid overtime for contract workers were identified, and 1.84 billion won worth of unpaid wages and six labor law violations were discovered, leading to the prosecution of four cases and a fine of 15.4 million won for the remaining two.

Kim Min-seok, Vice Minister of Employment and Labor, stated that despite continuous guidance and oversight of broadcasting companies, labor law violations and problems with personnel management persist. He committed to actively guiding other major broadcasters to undertake self-improvements.

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