The Ministry of Employment and Labor has concluded its investigation into bullying claims made by NewJeans member Hanni.
They concluded the case and found that the group’s alleged bullying within HYBE does not meet the criteria for workplace harassment, referencing their status as non-employees under the Labor Standards Act.
On November 20, the Ministry of Employment and Labor’s Seoul Western Branch closed the case on workplace bullying allegations against NewJeans’ Hanni, filed by fans, citing insufficient grounds for further action.
The Seoul Western Branch (of the Ministry of Employment and Labor) stated, ‘It is difficult to consider Pham Hanni as a worker under the Labor Standards Act, as the management contract she signed does not constitute an employment relationship where labor is provided for wages, given its content and nature.’
Her remarks sparked controversy during a YouTube live broadcast with NewJeans members on September 11. The 20-year-old singer stated that a manager asked another artist to ignore her when she greeted them.
In response, fans filed over 100 complaints with the Seoul Western Branch of the Ministry of Employment and Labor, requesting an investigation.
However, the labor office branch ultimately ruled that her trainee status did not meet the definition of a ‘worker’ under the Labor Standards Act, and therefore, her experience did not constitute workplace bullying.
The Western District Office clarified that ADOR and Hanni’s relationship lacks an employer-employee dynamic. This is because they are contractual partners with mutual obligations, and ADOR does not exercise direction or supervision over Hanni.
ADOR’s standard employment policies do not apply to NewJeans members. Her work schedule and location are flexible, with no fixed hours or commute. They also share entertainment expenses. Furthermore, her payments are considered profit-sharing rather than labor compensation.
In addition, both ADOR and Hanni file business income tax returns, unlike employment income tax.
Considering these factors, the Western District Office concluded that ADOR and Hanni’s relationship does not constitute an employer-employee relationship.
According to Article 76, Paragraph 2 of the Labor Standards Act, workplace bullying is defined as behavior that causes physical or mental harm to fellow workers or disrupts the work environment.
Specifically, this includes actions taken by someone exploiting their superior position or workplace relationship, beyond what’s reasonably required for work purposes.
In other news, NewJeans has sent a certified letter to ADOR stating their demands and threatening to terminate their contract if they are not met within 14 days.
