NewJeans Members Clear from Workplace Bullying Allegations at HYBE

Seoul Employment Office Resolves Complaint Against NewJeans Member Hanni

On November 20, the Seoul Western Employment and Labor Office concluded its investigation into a workplace bullying complaint against Hanni, a member of the popular K-pop group NewJeans. The office determined that under the Labor Standards Act, Hanni does not qualify as an employee of HYBE, leading to the administrative closure of the case.

The Origins of the Complaint

The complaint emerged after Hanni shared an experience during a September YouTube live broadcast. While waiting in a corridor at HYBE’s headquarters, she greeted a celebrity and a manager, only to overhear the manager instructing others to “Ignore her.” A concerned fan, who witnessed this incident, filed the complaint, alleging that NewJeans members were being ostracized within the company.

Hanni’s Tearful Testimony

In October, Hanni appeared as a witness at a National Assembly hearing, where she emotionally recounted her experiences, asserting that HYBE had deliberately undermined the NewJeans group. She expressed frustration over the apparent disregard shown by senior officials towards her and her fellow members.

Legal Insights and Findings

Upon reviewing the contractual agreements between Hanni and HYBE, the Ministry concluded that the nature of their relationship does not fulfill the legal criteria of an employer-employee dynamic. The agreement was characterized as a partnership, rather than a typical subordinate work setting. Key factors influencing this conclusion included the absence of fixed working hours, shared costs of artistic endeavors, and the classification of income as business income rather than labor income.

The Ministry referenced a pivotal Supreme Court ruling from 2019, which established that exclusive contracts for entertainers should be recognized as civil agreements rather than conventional employment contracts under labor law. Consequently, various provisions of the Labor Standards Act, such as those concerning workplace harassment, do not apply to entertainers engaged under such contracts.

Broader Implications for Artist Labor Rights

This determination has sparked renewed discussions surrounding the labor rights of artists, highlighting the vulnerabilities they face in a legal gray area concerning workplace protections. Hanni’s testimony at the Assembly particularly illuminated these concerns, fostering a bipartisan agreement on the urgent need for systemic reforms aimed at bridging these gaps in legal protections for entertainers.

As discussions on the protection of artists’ rights continue, it is clear that the industry must address these pressing issues to safeguard the welfare of its talents.

Source & Images