2023-07-01 12:11:00
[앵커]
It has been confirmed that Hyundai Motor Company has been ‘secretly filming’ by sending people to the front of the house to check the attendance of the out-of-office salesperson.
I hid in the car and took pictures every day of what time the employee went home and when he came out. Regarding this filming, which monitored a kind of ‘private life’, the court said ‘there was a reason for it, it was not illegal’ made a judgment.
How do you see it?
KBS will release the footage obtained after months of tracking, so please watch this video and think about it together.
I am Baek Seong, a legal reporter.
[리포트]
A woman walking through an apartment complex.
Until you enter the front door, someone takes a video from inside the car.
March 9, 2020 at 3:28, also recording the start time of the shoot.
This video was secretly filmed by a Hyundai Motors employee who said he would check the attendance of sales employee A, who is often out of the office.
I even got a parking ticket because I guarded the front of the apartment every day except for the weekend, but the filming continued for two months.
Later, Hyundai Motor Company fired Mr. A for staying at home for more than three hours every day during work hours.
Mr. A found out about the secret filming of the company only during the course of the lawsuit.
[A 씨 남편 : “전혀 몰랐죠. 아무도 몰랐어요. (주민) 수백 명이 찍혔는데 아무도, 그 바로 앞에 찍혔는데도 아무도 몰랐어요. 실질적으로 이렇게 심각하게 저희를 사찰하고 있을 거라고 생각을 못했고…”]
Hyundai Motor Company’s undercover filming was in the name of ‘field investigation’ for Mr. A’s report on attendance, and was submitted as evidence in Mr. A’s dismissal invalidation lawsuit.
[노동 전문 변호사/음성변조 : “주변 사람 사실확인서라든지 진술서같은 걸 통해서 (근무 태만을) 입증을 하는데, 이렇게까지 하는 경우는 처음 본다.”]
At the trial, Mr. A argued that the video filmed by Hyundai Motor Company was illegal and had no evidence.
Regarding this, the court judged that it could not be concluded that the video was illegal, saying that there was a possibility that the privacy protection area was violated, but that the user’s legitimate interest was whether the employee was at home during working hours.
There is no other realistic way to secure objective evidence other than filming it yourself.
The court of first trial judged that Hyundai Motor Company’s secret filming was not routine surveillance, that is, ‘inspection’.
It was for confirmation of the report, and I did not go into the common entrance of the apartment, and I thought that only the vehicle and the front door were taken and the ‘necessary range’ was filmed.
In response to this first trial ruling, there is criticism in the labor world that it is possible to check attendance in other ways, but that it has virtually allowed workers to monitor their homes.
[김준영/노무사 : “근태 목적을 명목으로 하면서 사실상 뒤에 다른 목적으로, 예를 들면 정리해고 수단이라든지 극단적으로 가면 노조탄압이라든지 수단으로 악용될까봐 (우려스럽습니다).”]
Hyundai Motor’s labor union believes that the company’s filming of workers has crossed the line, and is reviewing the revision of the ‘prohibition clause’ as an agenda for this year’s collective bargaining agreement.
[현대차 노동조합 관계자/음성변조 : “이제 감시 사찰을 하고 받고 있다라는 내용들이 좀 있어서 (임단협) 문구라도 좀 제대로 좀 정리를 해뒀을 때 조합원들이 (촬영을) 안 당하도록 하려고…”]
KBS asked Hyundai Motor Company which department the employees who filmed belonged to and how many people were filmed, but they refused to answer.
At the same time, Hyundai Motor Company revealed that “On-site confirmation was inevitably made only in extremely exceptional cases where there was a report of misconduct.”
He also said, “Hyundai Motor pays more than 80 million won as a basic salary regardless of sales performance, so it is natural to expect a sincere attitude.”
Mr. A appealed, and the second trial court will judge again whether such video recording is allowed.
This is Baek Sung-seong from KBS News.
Cinematographer: Yoo Yong-gyu, Choi Ha-un, Jo Se-joon, Kim Kyung-min/Video editing: Kim Jong-seon/Graphics: Chae Sang-woo, Kim Ji-hoon
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