K-Pop Star Hanni's Bullying Allegations Against HYBE Dismissed by Labor Ministry

The South Korean Ministry of Employment and Labor has concluded that the allegations of bullying within HYBE, raised by NewJeans member Hanni, do not constitute 'workplace harassment.' The decision was based on the determination that Hanni does not qualify as an employee under the Labor Standards Act.

On the 20th, the Seoul Western District Employment and Labor Office administratively closed the complaint filed by NewJeans fans, who claimed Hanni was subjected to workplace bullying.

The office explained that "based on the nature and content of the management contract signed by Pham Hanni (Hanni's real name), it is difficult to view her as an employee providing labor for wages under a subordinate relationship."

They further clarified that the conditions required for workplace harassment under the Labor Standards Act were not met. The office noted that workplace harassment involves abuse of power by a superior, whereas Hanni and the manager in question were considered equal contractual parties.

Additionally, the office pointed out that company rules and systems applicable to regular employees did not apply to Hanni. Factors such as "the absence of fixed working hours or locations," "shared costs for entertainment activities between the company and Pham Hanni," "payments being more akin to profit-sharing rather than wages," "taxes being paid individually as business income rather than employment income," and "the inherent risks of profit and loss in entertainment activities" were cited as differences between employees and entertainers.

The office also referenced a 2019 Supreme Court ruling that categorized exclusive contracts for entertainers as mandates or unnamed contracts under civil law, reiterating that Hanni does not qualify as an employee under the Labor Standards Act.

Previously, in September, Hanni claimed during a surprise YouTube live broadcast that she was ignored by a manager at the HYBE building. On October 15, Hanni appeared as a witness at the National Assembly's Environment and Labor Committee audit, stating, "I don't think (CEO Kim Joo-young) did his best. He had no will to fight for us or take any action, so I can't say he did his best," and urged for a quick resolution to the issue.

A NewJeans fan who watched the video filed a complaint with the Ministry of Labor through the National Sinmungo, demanding the truth behind the bullying allegations at HYBE be uncovered.

Reported by Min-Kyung Lee, TenAsia 2min_ror@tenasia.co.kr