Yonhap News | Journalist Kim Eunkyung
Regarding allegations that NewJeans' member, Hanni, was "ostracized" within HYBE, the Ministry of Employment and Labor concluded, "She does not qualify as a worker under the Labor Standards Act," therefore workplace harassment regulations do not apply.
On the 20th, regarding the complaint filed by NewJeans' fans for allegations of workplace against NewJeans' member Hanni Pham the Seoul Western District Employment and Labor Office under the Ministry of Employment and Labor stated, "We have closed the administration because she does not fall under the category of a worker as defined by the Labor Standards Act."
The Western District Office, which investigated the complaint, explained, "Given the content and nature of Hanni's management contract, it is difficult to classify her as a worker under the Labor Standards Act, which requires labor to be provided under a subordination relationship in exchange for wages."
The reasons cited include, "The relationship is limited to fulfilling obligations as equal contracting parties, making it difficult to view it as employer-supervisor authority."
Additionally, "The company’s employment rules, regulations, or systems applied to general employees are not applicable to her," "She does not have fixed working hours or workplace, and she does not adhere to set commuting hours," and "Costs required for entertainment activities are jointly shared by the company and Hanni" were also presented as reasons.
Furthermore, it was noted that "The payments received are in the nature of profit-sharing rather than compensation for labor itself," "Taxes are paid individually, and business income tax is charged instead of earned income tax," and "She appears to bear the risks of generating profits and incurring losses through entertainment activities."
The Western District Office also referenced a Supreme Court ruling from September 2019, which categorized exclusive contracts with entertainers as civil mandate contracts or unnamed contracts similar to mandates under civil law, making it difficult to classify her as a worker under the Labor Standards Act.
However, after Hanni appeared as a reference witness at the National Assembly Environment and Labor Committee audit and testified, both ruling and opposition parties voiced the need for legal measures to address the absence of 'worker status' protection for artists, raising interest in potential supplementary legislative measures.
theqoo
-Hanni, you worked hard. I'm cheering for you.
-That is right. Celebrities are not workers. Considering the nature of their work, I personally think they should be classified as independent businesses.
-I like NewJeans, but going to the National Assembly for something like this was pure comedy.
-It’s true under the Labor Standards Act that she’s not considered as a worker. But as stated in the article, there’s definitely room for improvement.
-That's true. She's not a worker.
-Hanni, you worked hard.
-Filing complaints over things like this seems strange.
-She is indeed not a worker. Regardless of the judgment, I don’t think this was a matter that should be brought to the National Assembly.
-Why file a complaint with the Ministry of Labor over something like this...? I bet they're going to file another complaint because Hanni is not classified as a worker.
-Totally understandable.
-Does that mean celebrities can't be protected? Even if they had evidence?
-Fighting, NewJeans!
-I feel bad for Hanni... It must be tough for her to get involved in these adults' fight.
