South Korea's Ministry of Employment and Labor has ruled that NewJeans member Hanni Pham does not qualify as a "worker" under the Labor Standards Act, dismissing allegations of workplace harassment. This decision highlights a critical gap in labor protections for K-pop idols, who are classified as independent contractors, leaving them without rights to fixed working hours or anti-harassment safeguards. The ruling has reignited calls for systemic reform within the entertainment industry to address exploitative practices.
South Korea Rules NewJeans Member Not a "Worker" Under Labor Laws
Ministry Dismisses Harassment Claim Amid Industry Scrutiny
In a decision that underscores the unique challenges faced by K-pop idols, South Korea's Ministry of Employment and Labor has determined that Hanni Pham, a member of the globally popular girl group NewJeans, does not qualify as a "worker" under the country's labor laws. This conclusion follows allegations of workplace harassment filed by fans against a manager employed by Hybe Corporation, NewJeans’ parent company.
The ruling has sparked debate over the precarious status of celebrities within South Korea’s entertainment sector, which has long been criticized for grueling schedules and limited protections for performers.
The Incident and Its Legal Context
The controversy began in September when Hanni, 20, alleged during a YouTube livestream that a Hybe manager ignored her greeting and made dismissive remarks. Fans, concerned about her well-being, filed a workplace harassment claim with the Ministry of Employment and Labor. However, the ministry dismissed the case, citing Hanni's status as an independent contractor rather than a traditional employee.
Officials from the Seoul Western District Office noted that Hanni's work conditions did not align with the legal definition of "worker" under South Korea's Labor Standards Act. Key factors included her flexible working hours, the shared financial responsibility between her and her agency for career-related expenses, and the profit-sharing nature of her income.
These conditions, the ministry concluded, placed Hanni outside the purview of labor laws designed to protect employees. Consequently, the question of whether the manager's behavior constituted harassment was not addressed.
Calls for Reform in K-Pop
This case highlights a significant gap in South Korea’s labor framework. As K-pop idols are classified as independent contractors, they lack access to protections such as guaranteed rest periods, fixed working hours, or avenues for addressing workplace grievances.
Experts and advocates argue for systemic reforms, including the potential adoption of regulations akin to Hollywood's Talent Agency Act, which governs talent contracts and ensures fair treatment of performers. "The lack of legal protections leaves artists vulnerable to exploitation," says CedarBough Saeji, a professor of Korean and East Asian Studies at Pusan National University.
Online, fans and critics alike rallied under hashtags like #IdolsAreWorkers, demanding greater accountability from agencies and legislative action to address these concerns.
The NewJeans controversy serves as a microcosm of broader issues in the K-pop industry, spotlighting the urgent need for legal frameworks that recognize and safeguard the unique working conditions of performers. Whether this incident will catalyze meaningful change remains to be seen.
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