Hanni of NewJeans not recognized as an employee under labor law
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Hanni, a member of the internationally popular K-pop girl group NewJeans, has been advised that she does not qualify as an employee under South Korean labor law; this decision has sparked much debate over the legal rights and workplace regulations for artists in the entertainment industry. This came after the Seoul Regional Office of Employment and Labor concluded an investigation into a harassment allegation made by Hanni's supporters, which revolved around an incident in which a manager from another K-pop group under the HYBE label allegedly advised their artists to "ignore" Hanni at the HYBE headquarters in central Seoul.
The harassment complaint was reported shortly after Hanni’s dramatic testimony at a parliamentary audit on October 15, when she broke down in tears describing the challenges K-pop performers face in the industry. The situation that led to the allegation began when a management allegedly told musicians under their control to avoid Hanni, which set off a riot from her fans. They answered by formally complaining to the Labor Office, which intended to investigate the occurrence under provisions related to workplace harassment. Still, the government stopped the investigation after determining Hanni did not match the Labor Standards Act’s legal definition of an employee.
The government's decision exposes a legal loophole in South Korean labor law that denies K-pop singers and other musicians the same protections as other employees, underscoring their lack of legal rights. This issue is currently being discussed as a notable illustration of the limitations placed on workers' rights pertaining to those in the entertainment industry.
An employee is defined as "any person, regardless of the type of occupation, who offers labor to a business or organization in exchange for wages" under the Labor Standards Act, so creating a subservient relationship with the employer. However, Hanni's management contract with ADOR, the agency that represents NewJeans, did not make her an employee in the conventional sense, according to the Seoul Regional Office of Employment and Labor. Instead, there was no explicit employer-employee relationship; rather, the contract was intended to be an agreement between "two equal parties."
The Labor Office compiled several reasons Hanni does not fit as an employee according to the law. Among these are the lack of a clear work location, the absence of established working hours, and the fact she shares agency expenses related to events. Besides, Hanni receives payment for her songs and performances rather than a traditional salary or income. She separates herself from the role of an employee by additionally paying taxes on her earnings as company income rather than employment income.
A 2019 Supreme Court decision by South Korea that defined contracts between entertainers and entertainment companies as commission-based rather than employment-based was also cited by the agency. In keeping with this tendency, a large number of K-pop singers now lawfully view their jobs as business dealings rather than labor contracts.
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