Investigation into Oh Yoanna's Workplace Harassment Allegations

The Ministry of Employment and Labor is currently investigating allegations of workplace harassment involving the late MBC weathercaster Oh Yoanna (오요안나), who tragically passed away at the age of 28. A key issue in this investigation is whether Oh can be classified as an 'employee' under labor laws, which would allow the application of workplace harassment regulations. The ministry has requested documentation from MBC regarding Oh's employment status and work conditions.

Born in 1996, Oh began her role as a weathercaster at MBC in May 2021 after signing a freelance contract. Unlike typical employees, she did not sign a labor contract and was classified as a freelancer. In September of last year, she took her own life, leaving behind a 17-page letter that reportedly detailed experiences of workplace harassment from two fellow weathercasters.

The crux of the issue lies in the fact that workplace harassment is defined under current labor laws, which stipulate that the victim must be classified as a 'worker' to be protected. The law defines a worker as someone who provides labor for wages. Since Oh was contracted as a freelancer, she is not formally recognized as a worker, and thus, the harassment provisions may not apply. MBC has publicly stated that Oh worked as a freelancer.

However, it remains uncertain whether Oh was genuinely a freelancer or if her work conditions resembled those of an employee. If it is determined that she worked under conditions akin to an employee, she could be recognized as such under labor laws. In December of last year, the Supreme Court ruled in favor of a freelance announcer in a civil lawsuit against KBS, declaring that the announcer was, in fact, an employee of KBS. Additionally, the Ministry of Employment and Labor recognized 152 freelance writers contracted with the three major broadcasting companies as employees in 2021.

The broadcasting industry often employs announcers, weathercasters, and writers under freelance contracts to avoid the obligations of labor laws, which include minimum wage, the 52-hour workweek, severance pay, and overtime compensation. Freelancers are also not required to enroll in national pension or health insurance programs.

The Seoul Western District Office of the Ministry of Employment and Labor will analyze the documents received from MBC to determine whether Oh was misclassified as a freelancer. A ministry official stated, 'At this point, we cannot make assumptions about whether Oh was an employee or a freelancer. The key factor will be how dependent she was on MBC and the level of control exercised over her work.'

Meanwhile, on February 7, the government and the ruling People Power Party held discussions to actively consider special labor inspections at MBC and to establish the so-called 'Oh Yoanna Law,' aimed at protecting freelancers from workplace harassment.