The first yellow bag law lawsuit against a local government begins... ‘Usability’ workshop

“Hwaseong City, city sports council’s primary contract user for sports instructors” filed lawsuit

(Seoul = Yonhap News) Reporter Lee Young-seop = A lawsuit filed by the union of non-regular workers in the public sector seeking recognition of local governments as primary employers has reached its conclusion.

On the 12th, the 13th Administrative Division of the Seoul Administrative Court (Presiding Judge Jin Hyeon-seop) held the first argument of the lawsuit filed by the Korean Confederation of Trade Unions' Public Solidarity Workers' Union against the Central Labor Relations Commission (CLA), demanding "cancel the retrial decision."

This lawsuit was filed by the labor union in August of this year to request that Hwaseong City, Gyeonggi Province, confirm that it is the primary employer of a sports instructor affiliated with the Hwaseong City Sports Association.

Previously, the Gyeonggi Regional Labor Relations Commission ruled in April that Hwaseong City could not be considered a primary employer, and the Central Labor Relations Commission later upheld this judgment in a retrial.

This lawsuit is known to be the first administrative lawsuit filed since the enforcement of the revised Labor Union Act (Yellow Envelope Act) in March of this year, requesting recognition of the ability of local governments to use primary contracts.

On this day, the union argued that since Hwaseong City is the one that specifically sets the allowances for sports instructors, their employer status should be recognized.

Hwaseong City, an auxiliary participant in the lawsuit, countered that the Central Labor Relations Commission's retrial decision was reasonable, saying, "We have no control or authority to decide on the payment conditions and specific amounts of allowances."

The court decided to hold another hearing on January 21 next year to hear directly from the union members.