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NewJeans is one of the biggest K-pop groups currently
They sold more albums than any other K-pop girl group last year, have tens of millions of fans worldwide, and are arguably one of South Korea's hottest groups. South.
What NewJeans members are not, however, are workers, according to the government.
The country's Ministry of Employment and Labor on Wednesday rejected allegations of workplace harassment against a member of the group, saying the celebrities were not considered workers under the country's labor law and were therefore not entitled to the same rights.
The decision has drawn its share of scorn – and it's no surprise – with some saying it's just the latest to come from an industry known for its demanding schedules and intense competition.
It's the latest scandal to hit NewJeans, which has been embroiled in a public feud with its Ador label for months.
With slick pop songs like Super Shy, OMG and Supernatural, NewJeans were the eighth best-selling group in the world last year and were nominated for Best Group at this year's MTV Awards.
Formed by the label Ador in 2022, the group has five members – Minji, Hanni, Danielle, Haerin and Hyein – whose ages range from 16 to 20 years old.
The incident began after Hanni, 20, and the four other band members raised concerns about Ador's treatment during an impromptu YouTube livestream on September 11.
In the group's YouTube video, which has since been deleted, they made allegations of workplace harassment, among other things, which culminated in Hanni saying she would testify at a hearing on bullying in the music industry.
The Vietnamese-Australian singer, real name Pham Ngoc Han, told lawmakers she felt “society hated us.”
She described how senior members of Hybe ignored her and her bandmates and gave them the cold shoulder. She also claimed that agency employees denounced NewJeans on an internal communications app and asked a journalist to downplay the group's record sales in an article.
Hybe previously denied the accusations. The CEO of Ador, a subsidiary of Hybe, said during the hearing that she would “listen more carefully” to her artists.
Her allegations prompted fans to file a petition with the government regarding workplace harassment.
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NewJeans' Hanni testified before South Korean lawmakers in October
But on Wednesday, South Korea's Labor Ministry rejected the claims, saying that given the content and nature of the management contract signed by Hanni, she is not considered a worker under the Standards Act. of the country's work.
“Individuals must meet the criteria of the Labor Standards Act… to be considered workers. This involves having fixed working hours and providing work under the direct supervision and control of the employer. Celebrities, including singers, are generally classified as independent contractors,” Chunghwan said. Choi, senior partner at Yulchon Law Firm in Seoul, explained.
The government also cites the nature of Hanni's income, which is considered “profit sharing rather than salary,” according to local reports, adding that she pays professional income tax rather than income tax. labor income.
One expert called the response “totally unfair and yet unsurprising.”
The work of K-pop idols is “emotionally and physically exhausting,” she said, as they work “incredibly long hours, often seven days a week for months at a time… (without) any clearly defined rest period “. , says CedarBough Saeji, assistant professor of Korean and East Asian studies at Pusan National University in South Korea.
“Exploitation of workers is accepted because they are not regular employees and there is no union, or at least, as we see clearly now, no government agency to advocate for conditions of human work for them,” she says.
There is currently no specific law in South Korea that protects the employment rights of celebrities or artists, Choi said, saying this “underscores the urgent need for reforms to address long-standing issues in the entertainment industry.
One measure that could be put in place to protect artists' labor rights is similar to Hollywood's talent agency law, which requires talent agencies to obtain licenses and prohibits unfair or exploitative contracts, Mr. Choi adds.
However, he adds that “while there have been discussions about implementing laws similar to the Talent Agency Act, no such legislation has yet been passed.”
“Idols are workers”
On Wednesday, New Jeans fans rallied under the hashtag “IdolsAreWorkers” to support the group.
Others pointed out that the decision had a legal basis, as celebrities were not technically considered workers under the law, but called for further reforms in the sector.
“I understand what they are saying about this role not meeting the legal definition of workplace harassment, but this just shows the need for reform in the K-pop industry,” said one user of
Hanni has not yet commented on the government's decision.
Hybe, which represents major K-pop groups such as BTS and Seventeen, is South Korea's largest music company.
The South Korean entertainment industry is known for its high-pressure environment, in which celebrities are held to strict standards when it comes to appearance and behavior.
