NewJeans: Are celebrities workers? South Korea says no

They are probably one of South Korea’s hottest works, sold more albums than any other K-pop female group last year, and have tens of millions of fans all over the world.

What the people of NewJeans are n’t nevertheless, are employees, according to the government.

Artists were never viewed as workers under the government’s labor legislation, according to the country’s Ministry of Employment and Labor, who on Wednesday refuted claims of workplace harassment against a member of the group.

Some people claim that the choice is the most recent development in an economy known for its stringent schedules and fierce rivals, while others claim it is unsurprising.

NewJeans, which has been locked in a common dispute with its record label, Ador, has just recently come under scrutiny for this incident.

With soft music tracks like Super Shy, OMG and Supernatural, NewJeans were the seventh biggest-selling work in the world next month, and were nominated for best party at this year’s MTV Awards.

Formed by brand Ador in 2022, the team has five people- Minji, Hanni, Danielle, Haerin and Hyein- whose age range from 16 to 20.

The incident began after Hanni, age 20, and the band’s various four members made animpromptu YouTube video in which they expressed concerns about Ador’s treatment of them.

In the singer’s YouTube videos, which has since been deleted, they made promises of workplace harassment, among people, which culminated in Hanni saying she would speak in a receiving about bullying in the music business.

The Vietnamese-Australian singer, whose real name is Pham Ngoc Han, told lawmakers that she felt” the company hated us”.

She described how senior members of Hybe ignored her and her bandmates, and gave them cold shoulder. She also alleged that employees of the agency bad-mouthed NewJeans on internal communication app and asked a journalist to downplay the group’s record sales in one article.

Hybe had previously denied the accusations. The CEO of Ador, which is a subsidiary of Hybe, said at the hearing that she would “listen more closely” to her artists.

Fans of her alleged allegations prompted the government to sign a petition against workplace bullying.

However, the labor ministry of South Korea refuted these claims on Wednesday, saying that Hanni is not a worker under the country’s Labour Standards Act because of the company’s management contract’s content and nature.

The Labour Standards Act requires that individuals meet the requirements to be classified as workers. Working hours are fixed, and labor is provided for the employer under the employer’s direct control. Celebrities, including singers, are typically classified as independent contractors”, Chunghwan Choi, senior partner of Yulchon law firm in Seoul explained.

The government also cites the nature of Hanni’s income, which is deemed to be “profit sharing, rather than wages”, according to local reports, adding that she pays business income tax rather than employment income tax.

One expert has called the response “utterly unfair and yet unsurprising”.

According to her, K-pop idols work “incredibly long hours, frequently seven days a week for months in a row [without ] any clearly defined periods of rest,” according to CedarBough Saeji, Assistant Professor of Korean and East Asian Studies at Pusan National University in South Korea.

She contends that” the workers ‘ employment is accepted because they are not regular employees and there is no labor union, or clearly there is no government agency” to support their humane employment.

According to Mr. Choi, there are no specific laws in South Korea that protect the rights of celebrities and artists when they work in the industry. This “underlines the urgent need for reforms to address long-standing issues in the entertainment industry.”

Similar to the Hollywood Talent Agency Act, which requires talent agencies to obtain licenses and forbids unfair or exploitative contracts, could be implemented, according to Mr. Choi.

He continues, however, that” no such legislation has been enacted yet” despite discussions about enacting regulations similar to the Talent Agency Act.

On Wednesday, New Jeans fans rallied under the hashtag” IdolsAreWorkers” in support of the band.

Others called for more industry reforms, arguing that the decision had a legal foundation because celebrities were not technically viewed as workers under the law.

One user on X said,” I understand what they’re saying about the role not qualifying for the legal definition of workplace harrassment. But this just underscores the need for reform in the K-pop industry.”

Hanni has yet to comment on the government’s decision.

Hybe, which represents massive K-pop groups such as BTS and Seventeen, is South Korea’s largest music firm.

South Korea’s entertainment industry is known for its high-pressure environment, where celebrities are held to strict standards over their appearances and behaviour.