NewJeans' Hani Reported as Illegal Resident Amid Contract Dispute

Hani, a member of the popular K-pop group NewJeans, has been reported as an illegal resident. On December 20, an individual identified as A filed a request for her deportation through the Ministry of Justice's Immigration Policy Headquarters.

The members of NewJeans, including Hani, were informed that their exclusive contract with their agency, Ador, was terminated as of November 28. Among the five members, Danielle holds dual citizenship in South Korea and Australia, which poses no issues. However, Hani, who has dual citizenship in Australia and Vietnam, must renew her visa annually.

If the claims of the members regarding the termination of their contract are accurate, Hani would be without an agency, thus nullifying the validity of her visa issued through Ador. According to immigration law, Hani was required to return her foreign registration card and leave South Korea by December 13, 15 days after claiming the contract was terminated. Some argue that immigration law requires foreign workers with an E-6 visa to obtain consent from their original employer when changing workplaces, which Ador is unlikely to provide.

So, is Hani truly an illegal resident? The short answer is no. When a foreign worker's contract is terminated, they must leave the country unless they secure a new employment contract within 15 days. However, they can apply for a change of residency status while remaining in Korea for up to 30 days. Since it has not yet been a month since the alleged contract termination, Hani is not considered an illegal resident.

Will Hani become an illegal resident after December 29? The likelihood is low. Ador is currently preparing to extend Hani's visa, which is set to expire early next year. Additionally, Ador has filed a lawsuit to confirm the validity of the exclusive contract with NewJeans, suggesting that until a final legal decision is made, her visa issued through Ador is likely still valid.

However, it is crucial for Hani's smooth entertainment activities to have Ador's support. While she could leave the country and apply for a new visa, obtaining an E-6 visa requires documentation such as a copy of the exclusive contract with the agency, a guarantee letter from the agency's representative, and a recommendation letter from the Ministry of Culture, Sports and Tourism. Typically, the visa issuance process takes 2 to 3 months, and submitting a contract or guarantee letter from a different agency could lead to legal complications.