The Ministry of Employment and Labor has concluded that the bullying allegations raised by NewJeans member Hanni within HYBE do not qualify as “workplace harassment.” This decision was based on the determination that Hanni does not meet the criteria of an employee under the Labor Standards Act.
On November 20th KST, the Seoul Western District Office of the Seoul Regional Employment and Labor Office administratively closed the complaint filed by NewJeans fans regarding allegations of workplace bullying against Hanni.
The office explained its decision, stating, “Based on the nature and terms of the management contract signed by Pham Hanni (Hanni’s real name), she cannot be considered an employee under the Labor Standards Act, as her work does not fall under a subordinate relationship for wages.”
The Labor Office further clarified that workplace harassment, as defined by the Labor Standards Act, requires a perpetrator to exploit a position of authority or hierarchical relationship within the workplace. 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 locations.
• The shared financial burden between the company and Pham Hanni for costs associated with her entertainment activities.
• The payments she received were characterized as profit-sharing rather than compensation for labor.
• Hanni pays business income tax rather than employee income tax.
• She bears the risk of profit or loss from her entertainment activities.
The office also referenced a Supreme Court ruling from September 2019, which categorized celebrity exclusive contracts as either mandate agreements under civil law or unnamed contracts similar to mandates, further reinforcing the decision that Hanni does not qualify as an employee under the Labor Standards Act.
Earlier, in September, Hanni had shared during a surprise YouTube live broadcast that a manager had told another artist to “ignore her” after she greeted them in HYBE’s hallways. This incident prompted her appearance as a witness at the National Assembly’s Environment and Labor Committee hearing on October 15th. At the time, Hanni criticized HYBE CEO Kim Joo Young, stating, “I don’t think he did his best. There was no willingness to fight for us or take proper action. I cannot say he did his best.” She further urged for a swift resolution to the issue.
Following her testimony, a NewJeans fan filed a complaint through the People’s e-Office, demanding that the truth about bullying allegations within HYBE be thoroughly investigated.
No articles to show.
