Hanni of girl group NewJeans is not classified as an employee under the law, making her ineligible for workplace harassment protections provided by the Labor Standards Act, the government decided Wednesday.
The Seoul Regional Office of Employment and Labor announced it had closed its investigation into a case filed by Hanni’s fans. This came after the singer reported that a manager from another K-pop group under HYBE instructed their artists to “ignore” Hanni within the HYBE headquarters in central Seoul.
The initial accusation was made on Sept. 11, with the fan complaint filed immediately after.
“We closed the case because it is difficult to deem [Hanni] an employee defined by the Labor Standards Act,” the office said.
Under labor law, an employee is defined as “a person, regardless of the type of occupation, who offers labor to a business or workplace for the purpose of earning wages,” indicating a subordinate relationship to the employer.
The government’s decision cited that the management contract between Hanni and her agency, ADOR, is an agreement between “two equal parties” and does not establish her as a subordinate of the company.
The labor office detailed why Hanni does not meet the criteria for an employee: she was not subject to the same rules as company staff, she did not have fixed working hours or a specific location, she shared activity-related costs with the company, she received a share of profits rather than wages, she paid her taxes as business income instead of salary or wages and she assumed both profits and losses from her activities.
The office also referenced a 2019 Supreme Court ruling that characterized contracts between artists and their agencies as commission-based rather than employment-based.
Hanni appeared at a parliamentary audit on Oct. 15, urging the National Assembly to acknowledge artists as “human beings.” Lawmakers from both major political parties expressed concern over legal loopholes that leave artists unprotected.
Elsewhere, NewJeans sent an official letter to ADOR on Nov. 13, requesting changes such as reinstating former CEO Min Hee-jin as head of the company. The group warned that they would terminate their exclusive contracts with the agency if their demands were not met.
1. It’s true that she’s not an employee
2. The HYBoongie maids are going insane in the comments
3. Ew the article’s demographicsㅋㅋㅋㅋ
4. If we bind celebrities with labor laws, do you think they’ll agree to the 52-hour workweek? The president is pushing for an 80-hour workweek policy right now. They’d probably prefer to work intensively when it’s busy and rest when things are slower. Travel time is also included as labor.
But it’s funny seeing people who strongly opposed the push for legalizing this when it was first proposed, now supporting the idea of recognizing Hanni (a celebrity) as a legal worker ㅋㅋJust pick one, make up your mind
5. Hanni fighting, let’s take this opportunity to change the laws
6. The HYBoongie fans agenda is so funny in the comments, it’s clear which comment is trying to bully her here
7. She may not be an employee, but this doesn’t erase the fact that she was bullied ㅇㅇ
8. Korea is freaking embarrassing
9. Hanni isn’t considered an employee by law, but they’re not saying that the bullying never happened. They just want to dilute the situation
10. Then you go make your own laws f*ckers
[naver] MINISTRY OF LABOR “NEWJEANS’ HANNI ISN’T AN EMPLOYEE… COMPLAINTS ABOUT WORKPLACE BULLYING CLOSES
1. [+1,805, -346]
ㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋㅋShe’s cosplaying as a worker
2. [+1,031, -182]
A celebrity who receives 5.2 billion won a year is reporting workplace bullying on behalf of Korean workers? ㅋㅋㅋㅋ
3. [+798, -142]
A clear answer consistent with legal principles
4. [+619, -96]
It’s the obvious result. How can someone who receives 5 billion won salary and shows up to the National Assembly wearing over 10 million won worth of luxury items at the age of 20 be considered a worker? The company invests hundreds of billions to train and make them successful, and then they act like they’re in charge. Regardless of whether you dislike Bang Sihyuk, this is a rational decision. If you want to be treated like a worker, then work from 9 AM to 6 PM, get paid minimum wage, and do the job like everyone else
5. [+196, -28]
They just wanted to create any reasons to leave HYBE, but it’s clear since the beginning that it was never gonna work
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