Labor Ministry dismisses Hanni harassment case

The Ministry of Employment and Labor has ruled that allegations of workplace harassment involving Hanni, a Vietnamese Australian member of K-pop girl group NewJeans, do not fall under labor law protections, as she is not classified as a worker under the Labor Standards Act.

On Wednesday, the ministry announced the closure of a complaint filed last month by NewJeans’ fan base, known as "Bunnies," which alleged that Hanni was subjected to workplace harassment at Hybe’s headquarters in Yongsan, Seoul, in May.

“Hanni cannot be considered a worker under the Labor Standards Act, as the nature of her management contract does not reflect a subordinate employment relationship,” the ministry stated.

The ministry cited several factors in its decision, including the absence of specific working hours or locations, the shared financial responsibility between Hanni and Hybe for activities and the nature of her income, which was deemed profit-sharing rather than wages. Additionally, Hanni’s tax filings under business income, not earned income, and her lack of subordination to company regulations such as internal employment rules further supported the decision.

The ministry also referred to a 2019 Supreme Court ruling that categorized entertainer contracts as civil mandate agreements, or unnamed contracts, rather than employment contracts under labor law. This precedent has exempted entertainers from protections under the Labor Standards Act, including provisions addressing workplace harassment.

The dismissal of Hanni’s case was largely anticipated, as the National Assembly’s Environment and Labor Committee had already reviewed the matter ahead of the Oct. 15 audit.

Although the complaint was dismissed, Hanni’s testimony during the audit has reignited discussions about the legal status of artists as workers. Lawmakers from various parties have called for reforms to close the legal gaps in labor protection for entertainers, emphasizing the need for stronger safeguards under labor law.

“The Supreme Court has consistently ruled that entertainers are not considered employees, and tax authorities classify their income as business income, subjecting it to business income tax. Therefore, the Ministry of Employment and Labor’s recent decision aligns with these legal and tax interpretations,” said Lee Jae-kyoung, a professor at Konkuk University Law School and president of the Korea Entertainment Law Society. “However, the protection of entertainers’ rights should be addressed through other measures, such as standard contracts and reporting centers operated by the Ministry of Culture, Sports and Tourism.”

Professor Lee Jong-im of Seoul National University of Science & Technology echoed this perspective, emphasizing the need for comprehensive protections.

“The issue of workplace harassment has recently been extended to include non-regular employees, such as temporary workers and broadcast writers, who may work independently but are still recognized within this framework,” Lee said. “What complicates the matter further is that idols’ working hours are not clearly defined, and many begin their careers as teenagers. Entertainment companies must seriously discuss how to manage and protect these individuals within their corporate systems,” she added.

The complaint originated from a NewJeans livestream on YouTube in September, during which Hanni shared an incident at Hybe’s building. She recounted greeting another girl group, Illit, and their manager, only to have the manager reportedly dismiss her and say, “Ignore her.” Concerned fans filed a petition with the ministry, demanding an investigation into alleged bullying within the company.