Fans have filed a complaint with the Ministry of Employment and Labor over allegations that a member of the girl group NewJeans was 'ostracized' within HYBE. Attention is focusing on whether this constitutes actual workplace harassment.
Experts say ostracism is a typical form of workplace harassment, but an investigation is necessary to determine whether harassment occurred. Since the prohibition of workplace harassment is included in the Labor Standards Act, the key issue is whether NewJeans qualifies as 'workers' subject to this law.
On the 14th, a Ministry of Employment and Labor official told Yonhap News Agency, “A related complaint regarding HYBE has been received at the Seoul Western District Office,” adding, “We will first verify the facts.”
Earlier, on the 11th, NewJeans member Hanni claimed during a YouTube live broadcast that while waiting in the hallway of the HYBE building, she greeted a passing celebrity and manager, but the manager said, ‘Ignore her.’
A NewJeans fan who watched the video stated on an online community on the 12th, “The allegations of ostracism within HYBE against NewJeans must be thoroughly investigated,” and reported the matter to the Ministry of Employment and Labor through the National Petition System.
The prohibition of workplace harassment, including ostracism, is stipulated in the Labor Standards Act. Article 76, Paragraph 2 of the Labor Standards Act defines workplace harassment as “acts that use superiority in status or relationships at work to cause physical or mental pain to other workers beyond an appropriate range of work, or to worsen the working environment,” and prohibits such acts.
However, to be recognized as workplace harassment under the relevant law, the individual must first be a worker subject to the Labor Standards Act. Generally, entertainers who sign exclusive contracts are not considered workers.
Seo Jin-du, External Cooperation Director of the Korean Harassment Society (Certified Labor Attorney), said, “It is generally difficult for popular culture artists to be recognized as workers,” adding, “If the employment relationship is not acknowledged, workplace harassment sanctions will not apply, and the Ministry of Employment and Labor will have no authority to intervene.”
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