The Ministry Of Employment And Labor Concludes NewJeans’ Hanni Case Does Not Constitute Workplace Harassment…. Because She’s Not Technically A Worker

The Ministry of Employment and Labor has concluded that the bullying allegations involving NewJeans‘ Hanni at HYBE do not constitute workplace harassment.

On the 20^th of November, according to the ministry, the Seoul Western District Office of the Seoul Regional Employment and Labor Administration announced that it had closed the case filed by NewJeans fans regarding workplace harassment at HYBE. The office stated that Hanni could not be classified as a worker under the Labor Standards Act, given her employment relationship.

The office explained, “Based on the nature and terms of Hanni’s management contract, it is difficult to view her as an employee who provides labor under a subordinate relationship for wages, as defined by the Labor Standards Act.” They listed several reasons for this conclusion, including:

The relationship is merely one of equal contracting parties fulfilling their contractual obligations, with no evidence of control or supervision by the company.
There are no fixed working hours or locations, and Hanni does not have set start or end times.
Taxes are borne individually, and Hanni pays business income tax rather than employment income tax.
Company employment rules, regulations, systems, or norms applied to general employees do not apply to her.

Previously, Hanni had shared that she was ignored by other artists and managers at HYBE. She revealed, “While waiting in the hallway near the 4th-floor hair and makeup area, I greeted other artists and their managers but was ignored. One manager said, ‘Ignore her.’ When I reported this to the new CEO, I was told there was no evidence, and the matter was brushed aside.” Following these claims, public opinion intensified, labeling the incident as workplace harassment. A NewJeans fan filed a complaint with the Ministry of Employment and Labor via the national petition system.

Hanni later appeared as a witness at a National Assembly audit last month, where she provided direct testimony regarding the alleged harassment and bullying within HYBE.

What do you think of the ruling?

Source: (A)