National Assembly Environment and Labor Committee Holds Audit on Economic, Social, and Labor Council and Labor Commission
Hani Appears as Witness... Truth Dispute with HYBE
Key Issue: Whether Entertainers Are Workers... Ministry of Employment Interprets as 'Exception Subjects'
Group 'NewJeans' member Hani (20, real name Hani Pham) will appear as a witness at the National Assembly Environment and Labor Committee’s audit. She will speak about allegations that NewJeans faced discriminatory treatment, including being ostracized amid the dispute between her agency ADOR’s former CEO Min Hee-jin and HYBE.
Hani is scheduled to appear as a witness on the issue of "idol ostracism and workplace harassment" at the National Assembly Environment and Labor Committee audit held at 10 a.m. on the 15th, where she will directly state her position. On the 30th of last month, the Environment and Labor Committee held a plenary session and selected Hani as a witness. Earlier, on the 11th of last month, Hani claimed in a YouTube live broadcast that "I greeted other entertainers and managers affiliated with a subsidiary of the parent company HYBE, but the manager said, 'Ignore her.'"
Following Hani’s claim, NewJeans fans stated, "There is a need to uncover the substantive truth behind the ostracism allegations within HYBE against NewJeans," and "We have filed a complaint requesting an investigation by the Ministry of Employment and Labor, which holds exclusive investigative authority under the Labor Standards Act." Currently, the Seoul Western Employment and Labor Office, the competent authority, has launched a fact-finding investigation. The authorities are currently examining whether the matter falls under ‘workplace harassment’ as defined by the Labor Standards Act.
Accordingly, the Ministry of Employment and Labor is reportedly focusing on whether the case qualifies as workplace harassment under the Labor Standards Act. The Act defines workplace harassment as "acts that use superiority in status or relationships at work to cause physical or mental pain to other workers or worsen the working environment beyond the appropriate scope of work."
During the audit, questions are expected to focus on whether Hani experienced harassment beyond the appropriate scope of work.
From the ongoing complaint investigation by the Ministry of Employment and Labor to the Environment and Labor Committee audit, the key issue for establishing Hani’s case of ‘workplace harassment’ will likely be whether she is recognized as a ‘worker’ under the Labor Standards Act. The Act applies to all workplaces employing five or more workers regularly. The problem is whether individual idol members can be considered workers, as the legal effect of workplace harassment under the Labor Standards Act applies to workers.
Generally, freelance artists such as singers or actors have been classified as special-type workers (hereinafter referred to as special workers). In particular, entertainers have not been defined as workers because they sign exclusive contracts with their agencies. Although courts have recognized actors as workers under the Trade Union Act, it is known that no judgment has been made regarding their status as workers under the Labor Standards Act.
The Ministry of Employment and Labor also judged entertainers as ‘exceptional subjects’ who work under exclusive contracts rather than as workers in 2010. Based on this, legal circles expect that the Ministry is unlikely to recognize idols, who are special workers, as workers, and the complaint is likely to be dismissed. On the other hand, the civic group Workplace Bullying 119 has interpreted that this case could qualify as workplace harassment based on Hani’s claims.
Workplace Bullying 119 stated, "The Ministry of Employment and Labor explained that ‘group ostracism, where a superior or multiple employees do not talk to a specific employee, or intentional ignoring and exclusion during work processes, are acts that exceed the appropriate scope of work.’ They added, "If the manager in charge ignored Hani’s greetings and instructed others to ignore greetings from NewJeans members, such behavior can be considered workplace harassment beyond the appropriate scope of work."
Regarding entertainers’ status as workers, they said, "Since NewJeans members sign exclusive contracts with their agency, receive direction and supervision from the agency, provide labor, and receive compensation, they can be regarded as workers under the Labor Standards Act. Especially for young idols, who have a dependent relationship with their agency, it is even more reasonable to consider them workers under the Labor Standards Act."
Meanwhile, Kim Ju-young, HYBE’s Chief Human Resources Officer (CHRO) and current CEO of ADOR succeeding former CEO Min Hee-jin, has also been selected as a witness, so a truth dispute between both sides regarding the issue is expected to continue.
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