"Heeji's labor exploitation, statute of limitations likely expired"… Analysis by a practicing attorney [★FOCUS]

*This content was translated by AI.View Original

A practicing attorney analyzed the labor exploitation controversy surrounding kids' content creator Heeji, stating that the statute of limitations for criminal prosecution has likely expired.

On the 4th, a video titled "16 hours a day with an annual salary of 20 million won? Heeji's abusive management allegations, in-depth analysis by a practicing attorney… Is there legal liability?" was uploaded to the YouTube channel 'List Fact Lee Jin-ho'.

Attorney Lee Seung-jae mentioned the allegation made by a former employee of Heeji's company, Kidsworks, regarding working 16 hours a day for an annual salary of 20 million won.

Attorney Lee Seung-jae explained, "These days, it is generally understood that one cannot require more than 52 hours of work per week. However, there is a difference depending on whether the workplace had fewer than five employees at the time. Speaking based on the standard for general workplaces with five or more employees, there is naturally a law prohibiting requiring more than 52 hours of work."

He added, "However, because holiday work is not included in these working hour restrictions, it has been interpreted that working up to about 68 hours per week was possible. Now, the law has been fully organized so that work exceeding 52 hours cannot be provided."

Attorney Lee Seung-jae stated, "The broadcasting industry had special circumstances at the time, as it falls under exceptions to the 52nd-hour weekly limit in some cases," and continued, "In such cases, there must be a written agreement representing the worker. It is questionable whether such a written agreement existed without an employment contract, and there may also be interpretive differences regarding whether YouTube-related businesses are included in the broadcasting industry."

He further noted, "There is potential for legal issues regarding overtime work at the time. However, there are criminal penalty provisions. The statute of limitations has probably expired."

Lee Jin-ho also touched on the issue of the annual salary. He asked, "Based on current standards, an annual salary of 20 million won is below the minimum wage level, but it is higher than the 2018 minimum wage by more than 1.1 million won. However, this standard is based on 8 hours a day and 5 days a week. Does exceeding this violate the standards of the Labor Standards Act?"

In response, Attorney Lee Seung-jae provided an explanation regarding the 20th million won annual salary. He said, "The minimum wage at the time was premised on working 8 hours a day and 40 hours a week. If they worked 16 hours as currently claimed, it would likely be a violation of minimum wage regulations. However, if Heeji's side claims it was 'overtime work' and failed to pay wages for that, it becomes an issue of unpaid wages."

Attorney Lee Seung-jae stated, "In fact, regardless of which angle is taken, there are criminal penalty provisions for both minimum wage violations and unpaid wages. However, as mentioned earlier, the statute of limitations for criminal penalties is about five years. The statute of limitations has probably all expired," and added, "Even if structured around unpaid wages, the statute of limitations for wage claims is three years. It is possible that the limitation period has also passed in civil terms."

In particular, Attorney Lee Seung-jae said, "Unfortunately, regarding this case, issues will arise concerning wages or unpaid severance pay. This is a civil matter, and since the statute of limitations is three years, it has likely expired," while noting, "However, in cases that become such an issue, the expiration of the limitation period is merely a defense reason, so it may not be easy to assert in litigation."

He continued, "Regarding criminal matters, failing to create an employment contract is also subject to a fine, though it is a criminal penalty issue. Also, exceeding weekly working hour limits and violating the Minimum Wage Act all have criminal penalty provisions, but the statute of limitations for all of them is likely five years. Therefore, since the limitation period has already passed, investigative institutions will no longer conduct investigations."

Previously, a person identified as A, who claimed to be a former employee of Kidsworks, raised suspicions of labor exploitation, asserting that they were diagnosed with panic disorder and depression after suffering from excessive workloads at the company.

A stated that they began working after receiving an invitation in December 2012 to join as a creator for a Chinese-language channel. However, A claimed to have essentially handled all aspects of channel production and operation alone, including writing video scripts, translation, securing voice actors, directing dubbing, and editing and uploading videos.

A explained that after contracting for an annual salary of 20 million won, it was raised to 21 million won, but they worked up to 16 hours a day without separate overtime pay. A also claimed to have visited the emergency room due to shortness of breath during overtime in November 2018, and subsequently been diagnosed with panic disorder, depression, and social anxiety. Additionally, A claimed that while the company initially offered to help apply for workers' compensation, they later displayed an attitude of suspicion toward their illness.

In response, Kidsworks denied the allegations, stating, "Content different from the facts has been amplified and reproduced, seriously damaging the reputation of our company and the individual involved."

Furthermore, Kidsworks released a second statement on the 3rd, claiming that there had been two salary increases between 2017 and 2018. They also re-emphasized that they did not force work and did not obstruct the application for workers' compensation.

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*This content was translated by AI.View Original