Harassment Accusations: NewJeans' Hanni Not Recognized as Employee, Korean Labor Ministry Says
Ministry of Labor Decision on NewJeans Hanni Case
The Ministry of Labour and Employment has ruled that the allegations of workplace harassment made by Hanni, a member of the NewJeans group within the HYBE company, do not constitute a situation of " workplace harassment ". This conclusion is based on the fact that Hanni does not meet the criteria required to be considered an employee under the Labour Standards Act.
On November 20 KST, the Seoul West District Office of the Regional Labor and Employment Agency officially closed the complaint filed by NewJeans fans regarding the harassment allegations against Hanni.
The office justified its decision by explaining: " Given the nature and terms of the management contract signed by Pham Hanni (Hanni's real name), she cannot be considered an employee under the Labour Standards Act, because her work does not fall within a relationship of subordination for a salary. "
It was clarified that workplace harassment, as defined by the Labour Standards Act, requires that a perpetrator exploit a position of authority or a hierarchical relationship within the company. However, the relationship between Hanni and her manager was deemed to be that of equal contractual parties.
Additionally, the office cited several reasons why Hanni could not be classified as an employee, including:
- The absence of fixed working hours or specific workplaces.
- The financial burden shared between the company and Pham Hanni for the costs related to its entertainment activities.
- The payments she receives are characterized as profit sharing rather than compensation for work.
- Hanni pays corporate income tax rather than employee income tax.
- It bears the risk of profit or loss from its entertainment activities.
The office also referred to a September 2019 Supreme Court decision that categorized exclusive celebrity contracts as civil law mandates or non-appointed contracts similar to mandates, reinforcing the decision that Hanni does not qualify as an employee under the Labour Standards Act.
Previously, in September, Hanni revealed in a surprise YouTube live stream that a manager had asked another artist to “ignore” her after she greeted him in the hallways of HYBE. The incident led her to testify at the National Assembly’s Environment and Labor Committee hearing on October 15. At the time, Hanni criticized HYBE CEO Kim Joo Young, saying, “I don’t think he did his best. There was no willingness to stand up for us or take appropriate action. I can’t say he did his best.” She further called for a quick resolution to the issue.
Following his testimony, a NewJeans fan filed a complaint via the Electronic People's Bureau, demanding that the truth behind the harassment allegations within HYBE be thoroughly investigated.
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