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.
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.
BY YOON SO-YEON [yoon.soyeon@joongang.co.kr]
