Hanni from the K-pop girl group NewJeans is not considered an employee under the law, making her ineligible for workplace harassment protection by the Labor Standards Act, the government announced on Nov. 20.
The Seoul Regional Employment and Labor Office closed a workplace harassment complaint filed by NewJeans fans against K-pop agency HYBE, stating, “It is difficult to consider Hanni an employee under the Labor Standards Act.”
According to the Labor Standards Act, only employees are protected under the anti-workplace harassment system. The Act defines an employee as someone who provides labor in exchange for wages under a substantially subordinate relationship with an employer, regardless of contract type.
Hanni’s contract and working conditions did not meet this standard, according to the Ministry of Labor. Unlike regular employees, K-pop idols like Hanni operate in what the ministry described as an “equal relationship” with their agencies rather than a “subordinate relationship.”
Artists are not bound by internal company rules or systems like regular employees. They are not subject to fixed working hours or locations, and their income is derived from profit-sharing agreements related to their entertainment activities rather than traditional wages. They also share the associated expenses, taxes, and risks related to their income. This type of contract is classified as a civil law agreement, resembling a commission rather than an employment contract. As a result, the ministry concluded that Hanni was not eligible for workplace harassment protection under the Labor Standards Act.
In September, NewJeans members urged their agency, ADOR, and its parent company, HYBE, to reinstate former ADOR CEO Min Hee-jin as “the head of management and group production” during a YouTube livestream. During the livestream, Hanni claimed that she had been bullied, citing an incident where a manager of one of HYBE’s artists told the group to “ignore” her greetings.
The issue was brought to the National Assembly, where Hanni testified in person at an audit. However, Belift Lab, the agency representing K-pop girl group Illit, later refuted Hanni’s allegations, stating that Illit members had greeted NewJeans with 90-degree bows and that their manager had never made such comments.
NewJeans sent an official letter to ADOR and HYBE, demanding an apology from the manager who made the problematic remarks and the reinstatement of former CEO Min Hee-jin. They warned that they would terminate their exclusive contracts with the agency if their demands were not met within 14 days.
