Controversy Over Applicability of Workplace Harassment Under the Labor Standards Act
The idol group NewJeans is facing a growing controversy as they have reported experiences of 'bullying' and 'being ignored,' leading to a formal complaint of 'workplace harassment' being filed with the Ministry of Employment and Labor.
Members of the idol group NewJeans are expressing their experiences of bullying and being ignored during a YouTube live broadcast on the 11th. [Photo by YouTube screen capture]
According to a compilation of reports on the 13th, an individual identified as A, a fan of NewJeans, filed a complaint with the Seoul Western Branch of the Seoul Regional Employment and Labor Office under the Ministry of Employment and Labor, requesting an investigation into whether the bullying revealed by NewJeans during a live broadcast on the 11th violated the Labor Standards Act. NewJeans member Hanni shared during the live broadcast on the 11th, "Recently, at a makeup location, I encountered another idol member and a manager, and I overheard the manager say loudly enough for me to hear, 'Ignore (Hanni).'" She added, "Other members are understandably scared that they might experience similar treatment." A viewed this as workplace harassment.
Under the current Labor Standards Act, the criteria for workplace harassment include: ▲using superiority in position or relationships at work ▲exceeding the appropriate scope of work ▲engaging in acts that cause physical or mental pain or worsen the work environment. Regarding 'exceeding the appropriate scope of work,' the Ministry of Employment and Labor explains in its workplace harassment prevention and response manual that acts such as collective ostracism where a superior or multiple employees refuse to communicate with a specific employee, or intentional ignoring and exclusion during work processes, are considered to exceed the appropriate scope of work.
Member Minji said, "I was truly shocked after hearing what Hanni went through," and questioned, "How could a team manager tell others to 'ignore' someone loudly enough for them to hear as they passed by?" She also stated, "Even after reporting this to the company, no action was taken, and the team in question neither apologized nor admitted fault," adding, "We have no one to protect us, which makes this situation very difficult."
Yoon Ji-young, lead attorney at Workplace Bullying 119, analyzed, "If the manager ignored greetings from NewJeans member Hanni and instructed others to ignore the members, such behavior can be considered harassment exceeding the appropriate scope of work." The issue is that this manager is affiliated with HYBE, not Adore, which is Hanni's agency. Although they are part of the same corporate group under the same ownership, they are technically different companies, making it difficult to definitively classify this as workplace harassment under the law.
Additionally, idols are not typical employees but rather independent contractors under contract. Attorney Yoon explained, "If NewJeans members were considered workers covered by the general Labor Standards Act, being ostracized by multiple employees within the same company through language like 'ignore' would constitute workplace harassment due to the resulting mental and physical distress." However, NewJeans belongs to Adore, a different company from the manager's, and as mentioned, they are not considered regular employees.
The members also mentioned in the broadcast that private records from before their debut were recently leaked through news articles. They expressed, "We were really shocked. We couldn't understand how the company, which is supposed to protect us, failed to manage and prevent the leak of such materials." They added, "We requested protection from the CEO, our parents, and HYBE, but HYBE ignored us, and meanwhile, CEO Min Hee-jin was dismissed. We feel truly lost about whom to trust and rely on going forward."
Allegations of internal ostracism within HYBE against NewJeans have surfaced before. The parents of NewJeans members claimed in a media interview that HYBE Chairman Bang Si-hyuk repeatedly refused to acknowledge greetings from the members. When they raised this issue with HYBE, they were told, "Chairman Bang may have prosopagnosia (face blindness)."
Even if NewJeans members were subjected to unfair treatment at the company, it remains uncertain whether this can be punished as workplace harassment. Workplace Bullying 119 stated that in workplaces covered by the general Labor Standards Act, if the employer (company representative) becomes aware of harassment, they must immediately take appropriate disciplinary action against the perpetrator(s) and protective measures for the victim. If the employer neglects this duty, they may face fines and criminal penalties for 'failure to take action.' However, the key issue is whether NewJeans can be considered workers under the Labor Standards Act. Workplace Bullying 119 noted that since NewJeans members have exclusive contracts with their agency and provide labor under its direction and supervision in exchange for compensation, they could arguably be considered workers under the Labor Standards Act. Nonetheless, a definitive judgment is difficult.
Until now, the Ministry of Employment and Labor has regarded entertainers as not being workers under the Labor Standards Act, viewing them as self-employed contractors under contract rather than regular employees. Attorney Yoon commented, "It is questionable whether denying the worker status of idols like NewJeans simply because they have exclusive contracts, or leaving them in a blind spot of labor laws, is appropriate." She further noted, "It takes considerable time for companies and artists to establish an 'equal' relationship, during which the company maintains a superior position and exercises strong control over the idols." This highlights that trainees or newly debuted idols are not in an equal relationship with the company and find it difficult to protect their rights.
There are court precedents holding companies responsible when special employment workers, such as idols under contract, face unfair treatment at work. In 2020, the court recognized the illegal acts of a captain and the company in a case where a special employment worker, a caddie named Bae, committed suicide after enduring workplace harassment. Although the caddie was not recognized as a worker under the Labor Standards Act, the court ruled that victims of workplace harassment do not necessarily have to be workers. The court stated that if someone uses their superior position at work to cause physical or mental pain or worsen the work environment beyond the appropriate scope, the victim need not be a worker, and held the perpetrator and company liable for illegal acts.
Of course, in NewJeans' case, since they are not affiliated with the same company as the managers, applying this precedent is challenging. How the relationship between HYBE and its subsidiaries and between employees is viewed is a key factor in determining workplace harassment. Simply put, if subsidiaries function as teams within HYBE, with clear hierarchical relationships between HYBE employees and subsidiary employees, and strong work-related ties, workplace harassment could be established.
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