The Ministry of Labor in South Korea has officially concluded its investigation into the bullying allegations made by Hanni, a member of the K-pop group NewJeans, against her management. The case has been dismissed on the grounds that it does not meet the criteria for workplace harassment under the Labor Standards Act.

Background of the Case

Two months ago, Hanni made headlines after revealing during a livestream that she felt bullied within HYBE. She specifically accused ILLIT’s manager of instructing her fellow group members to ignore her instead of greeting her. The revelation created significant public interest and led to her being summoned to the National Assembly to testify about her claims.

Ministry’s Explanation for the Ruling

The Seoul Western District Office of the Seoul Regional Employment and Labor Office administratively closed the case, citing the following reasons:

• Hanni does not meet the criteria of an employee under the Labor Standards Act.
• Her management contract with HYBE is not considered a subordinate relationship for wages.
• For a case to qualify as workplace harassment, there must be a hierarchical relationship or abuse of authority within the workplace. In this case, both Hanni and the manager share an equal contractual status with the company.

Details Behind the Decision

The labor office elaborated on several key factors that disqualified Hanni’s claims as workplace harassment:

• Hanni does not have fixed working hours or a designated workplace location, which are typical attributes of an employee relationship.
• Her payments are considered profit-sharing rather than wages for her labor.
• Both Hanni and the company share financial responsibilities for expenses related to her entertainment activities.
• She bears the risks of profit or loss from these activities.
• Hanni pays business income tax instead of employee income tax, which further supports her status as a non-employee.

Supreme Court Reference

The Ministry of Labor also referenced a 2019 Supreme Court ruling, which clarified that exclusive contracts for celebrities fall under civil law. These agreements, along with unnamed contracts like Hanni’s, do not establish an employer-employee relationship under the Labor Standards Act. This precedent further solidified the dismissal of her claims.

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