NewJeans' Hanni Sparks Controversy Over Labor Rights in K-Pop

The recent allegations of workplace bullying involving Hanni from NewJeans have drawn significant attention from international media, including the BBC. On November 21, the BBC reported that while NewJeans was one of the most popular K-pop girl groups last year, selling more albums than any other group, Hanni is not classified as a worker under South Korean labor laws.

On November 19, the Seoul Western District Labor Office announced that they had concluded the investigation into Hanni's workplace bullying case, stating that it was difficult to consider her a worker under the Labor Standards Act. According to the Act, a worker is defined as someone who provides labor for wages in a subordinate relationship. However, Hanni operates in an equal relationship and is not subject to company norms or systems. The payments she receives are characterized as profit-sharing from her entertainment activities rather than wages for labor, and both she and the company share necessary expenses. Additionally, taxes on their income are individually borne, with Hanni paying business income tax rather than labor income tax. This leads to the conclusion that Hanni is viewed as an independent contractor rather than a worker under the law.

Cedar Bog Sage, a professor at Pusan National University, commented on the situation, stating that it is "completely unfair but not surprising." He pointed out that the lack of formal employment status, absence of labor unions, and the absence of government agencies advocating for humane working conditions contribute to the exploitation of entertainers.

Furthermore, Choi Chung-hwan, a partner at the law firm Yulchon, noted that there are no specific laws in South Korea to protect the labor rights of celebrities. He emphasized the urgent need for reforms to address long-standing issues in the entertainment industry, mentioning discussions about implementing laws similar to those governing talent agencies in Hollywood, although no such laws have been enacted yet.

The BBC also highlighted the oppressive environment in the South Korean entertainment industry, where strict standards regarding appearance and behavior are imposed on celebrities.

In September, Hanni claimed that during an encounter with other artists and a manager at HYBE, she greeted them but heard the manager dismiss her with a comment to 'ignore Hanni.' This led fans to demand an investigation into the incident. Hanni also made her voice heard by attending a National Assembly audit.

However, Belift Lab, the agency managing NewJeans, stated that the manager in question did not make any problematic remarks. Following this, NewJeans sent a formal notice to HYBE on November 13, demanding an official apology from the manager and the return of former CEO Min Hee-jin. They warned that if the issues raised were not addressed within 14 days of receiving the notice, they would terminate their exclusive contract. Min Hee-jin resigned from her position as an inside director at ADOR on November 20 and terminated her shareholder agreement with HYBE.