South Korea’s Labor Ministry Rules K-pop Stars Are Not Workers

Despite selling more albums last year than any other K-pop girl group, accumulating tens of millions of global fans, and being considered one of South Korea’s most popular acts, the members of NewJeans are not classified as workers by the government. On Wednesday, the nation’s Ministry of Employment and Labor rejected allegations of workplace harassment made by a group member, stating that celebrities are not recognized as workers under the country’s labor legislation and, consequently, are not entitled to the same protections. This ruling has generated considerable criticism, with many expressing little surprise given the entertainment industry’s reputation for demanding schedules and intense competition. The incident marks the latest controversy for NewJeans, which has been involved in a public dispute with its record label, Ador, for several months. Known for hit pop tracks such as Super Shy, OMG, and Supernatural, NewJeans ranked as the world’s eighth biggest-selling act last year and received a nomination for best group at this year’s MTV Awards. Formed by Ador in 2022, the group comprises five members—Minji, Hanni, Danielle, Haerin, and Hyein—whose ages range from 16 to 20. The situation began on September 11 when 20-year-old Hanni and the four other band members voiced concerns about their treatment by Ador during an unscheduled YouTube livestream. In the band’s YouTube video, which has since been removed, they made various claims, including workplace harassment. This culminated in Hanni’s declaration that she would provide testimony in a hearing concerning bullying within the music industry. The Vietnamese-Australian singer, whose birth name is Pham Ngoc Han, informed lawmakers that she felt “the company hated us.” She recounted instances where senior personnel at Hybe disregarded her and her bandmates, giving them the cold shoulder. She further alleged that agency employees spoke negatively about NewJeans on an internal communication application and requested a journalist to minimize the group’s record sales in an article. Hybe had previously denied these accusations. The CEO of Ador, a subsidiary of Hybe, stated at the hearing that she would “listen more closely” to her artists. Following her allegations, fans submitted a petition to the government regarding workplace bullying. However, on Wednesday, South Korea’s labor ministry dismissed these claims, asserting that based on the specifics and nature of the management contract Hanni signed, she is not considered a worker under the nation’s Labour Standards Act. Chunghwan Choi, a senior partner at Yulchon law firm in Seoul, clarified, “Individuals must meet the criteria under the Labour Standards Act… to be considered workers. This includes having fixed working hours and providing labour under the employer’s direct supervision and control. Celebrities, including singers, are typically classified as independent contractors.” Local reports indicate that the government also referenced the structure of Hanni’s income, which is categorized as “profit sharing, rather than wages,” noting that she pays business income tax instead of employment income tax. One expert characterized the government’s response as “utterly unfair and yet unsurprising.” CedarBough Saeji, Assistant Professor of Korean and East Asian Studies at Pusan National University in South Korea, stated that the work for K-pop idols is “emotionally and physically exhausting.” She explained that they work “incredibly long hours, often seven days a week for months in a row…[with] no clearly defined periods of rest.” She contended, “Exploitation of the workers is accepted because they are not regular employees and there is no labour union, or clearly we can now see, no governmental agency to advocate for humane working conditions for them.” Mr. Choi noted that South Korea currently lacks specific laws to safeguard the working rights of celebrities or artists, adding that this “underscores the urgent need for reforms to address longstanding issues in the entertainment industry.” He suggested that a measure similar to Hollywood’s Talent Agency Act could be implemented to protect artists’ working rights. This act mandates talent agencies to obtain licenses and prohibits unfair or exploitative contracts. However, he also mentioned that “while there have been discussions about implementing laws similar to the Talent Agency Act, no such legislation has been enacted yet.” On Wednesday, NewJeans fans demonstrated their support for the group by rallying under the hashtag “IdolsAreWorkers.” Others acknowledged the legal basis of the decision, as celebrities are not technically defined as workers under existing law, but advocated for significant industry reforms. “I get what they’re saying about the role not qualifying for the legal defintion of workplace harrassment, but this just shows the need for reform in the K-pop industry”, one user posted on X. Hanni has not yet commented on the government’s ruling. Hybe, South Korea’s largest music company, manages major K-pop groups such as BTS and Seventeen. The South Korean entertainment sector is recognized for its demanding environment, where performers are held to stringent standards regarding their appearance and conduct.