Basically, these days, Dispatch can`t post photos of celebrities from their daily lives without being sued, but they can publish stories about them with little legal impact. It is really disconcerting how the newspaper law prohibits the publication of newspapers by foreign governments, companies or organizations, and foreigners cannot run blogs online, but the mail order company can publish any story it wants without respecting the privacy of the singers. And you know what`s even funnier? If an idol wants to sue, there are more laws protecting the media than the person whose reputation is damaged. Basically, if you`re a star in South Korea, from a legal standpoint, it`s more like; Oh, you`re stupid because you don`t have privacy? You are so cute! Well, then you shouldn`t have chosen this career. Sorry heart emoji The Supreme Court set the precedent for illegal transportation as follows. â Whether or not the employment is the posting of a worker is determined independently of the formal and nominal contract between the two parties, taking into account jointly the subject matter of the contract or the characteristics of the activity, the field of expertise and technology, the company registrations of the contracting parties and the independence of management, and the employer`s effective command and control function.  If a subcontractor performs the same work in the same room as a contractor, there is a high probability that they will qualify as a marine job. Even if the jobs are the same, it is difficult to assume that individual workers will be involved in the contractor`s business if they perform the work independently in accordance with the purpose of the subcontractor`s contract. A Korean court of first instance has issued an important decision concluding that workers posted by a service company are not posted workers, but are in fact working under an illegal maritime transport agreement.
The Korean Ministry of Employment and Labour (CEEC) only allows the posting of workers under certain circumstances. Is your business compliant? asiamedia.lmu.edu/2019/03/11/south-korea-should-celebrities-enjoy-privacy-rights/ The term `posting of workers` refers to a system whereby a posting employer, while maintaining an employment relationship with a worker, after recruitment, allows the worker to work for a user employer under the direction and order of the user employer in accordance with a posting contract (Article 2 of the Law on the posting of workers). Whether or not it is a posting of workers is assessed on the basis of the facts and not on the basis of the name or form of the contract between the user and the posting employer. 2. Procedures for establishing disguised subcontracting and illegal shipping In a recent decision of the Goyang branch of the Uijeongbu District Court, the court found that cashiers seconded by a mail order company to work for the large distribution company Savezone were in fact employed directly by Savezone as regular employees. The workers were awarded damages from the moment Savezone`s obligation to recruit them arose until Savezone hired them directly. In order to prevent illegal postings, the Ministry of Employment and Labour published, on 19 April 2007, “Guidelines for the designation of “posted workers” to distinguish between posting and subcontracting. As a result, on March 30, the Ministry of Employment and Labour began issuing a new lease to the Ministry of Employment and Labour. December 2019, to focus on criteria through its “Guidelines on Criteria for Determining Dispatchers”. If you`re a company that uses maritime workers, consider this: the entire kpop culture has led us to the point where fans are extremely close to idols. to the point where they can control their lives.
And the same goes for the media. Their personal lives fall apart as soon as they are about to make their debut. And it shouldn`t be like that, because -guess what? You`ll never believe it! – They are human too! They love us, sleep like us, are hungry like us, experience love, anger, loss and sadness like the average Joe. I wish more people would think about it before beating idols to date someone or rub their hands after seeing a new item from the expedition. Taking and posting photos/videos of ANYONE without consent, unless they are supposed to prove an illegal/immoral act, should be punishable by anyone! Entertainment journalism is less about keeping the public informed about artists and more about harassing them. Dispatch also seems to get away with a lot. They really only follow the idols very closely, not the actors. Most idols are quite young and have little weight in the industry in general. Dispatch seems to have the power to write idols of his career. So the idols themselves can`t even say anything about the fact that they don`t want to be tracked by mail.
Also, I know there is no real regulation in the United States, but does anyone know what the rules are on criminal harassment in Korea? Because it`s really wrong that they can walk around like that. Posted workers are used to provide flexibility and reduced labour costs for businesses. However, as posted workers can only be used for 2 years and only for a limited number of jobs, companies have been looking for a way to use workers in a similar way. In-house subcontractors are a way to gain the ongoing benefit that maritime employment cannot provide. In-house outsourcing requires independence and expertise. However, many companies in Korea do not outsource these specialized tasks, but often use in-house outsourcing for simple work or to augment their workforce at a lower cost. If a company gives instructions and hires subcontractors to involve subcontractors in their work, this is considered an illegal posting and the employer is criminally punished and obliged to directly employ the internal subcontractor (Article 6-2 of the Merchant Shipping Act). I think I`ve read that most companies are afraid to speak up and sue them for the influence they have.