Hanni, a member of girl group NewJeans, attends a labor committee meeting at the National Assembly in Seoul, Oct. 15. Yonhap

A recent decision by the Ministry of Employment and Labor dismissing NewJeans member Hanni's workplace harassment claims against HYBE Labels — citing the government's position that entertainers are not workers under Korean labor law — has sparked intense debate over employee protection in the entertainment industry.

The ministry announced, Wednesday, that entertainers, including K-pop stars like Hanni, cannot be classified as employees under the current Labor Standards Act.

Fans of NewJeans had previously filed a petition with the labor ministry in mid-September, alleging that Hanni had suffered workplace bullying within HYBE, the parent company of NewJeans' label Ador.

Hanni herself had also expressed frustration over the incident multiple times, alleging that a band manager under another HYBE subsidiary instructed its members to "ignore" her. During a National Assembly audit on Oct. 15, Hanni detailed the claims, saying, "I was certain that the company hated us."

The announcement made by the Seoul Western Employment and Labor Office under the ministry served as a dismissal of legally recognizing the incident as workplace harassment.

"Based on the nature and terms of Hanni's management contract, it is difficult to classify her as a worker under the law, which defines a worker as someone in a subordinate relationship with an employer, providing labor for wages," the labor office said, clarifying the decision.

Under the Labor Standards Act, a worker is defined as someone "who offers labor to a business or workplace for the purpose of earning wages, regardless of the kind of occupation," in which Hanni's case was deemed different.

Hanni, a member of girl group NewJeans, wipes her tears while speaking during a labor committee meeting at the National Assembly in Seoul, Oct. 15. Yonhap

Legal context

Experts were unsurprised by the ministry's decision, pointing to long-standing legal interpretations of entertainers' status.

"Contracts under the Labor Standards Act focus mainly on 'subordination and compensation,'" labor attorney Kim Hyo-shin said. "In Hanni's case, her management contract reflects equal parties fulfilling mutual obligations, which weakens claims of subordination or supervision by the company."

Kim emphasized that entertainers operate in a unique environment without typical workplace structures or hierarchy, which likely influenced the ministry's ruling.

"Hanni was not subject to internal company policies or systems typically applied to employees. Her working hours and locations weren't fixed and the costs associated with her activities were shared with the agency. These are all key distinctions."

Historically, Korean courts have treated entertainment contracts as civil agreements rather than employment contracts. In 2010, the government officially categorized entertainers as exceptions to standard labor classifications, further underscoring this precedent.

K-pop girl group NewJeans / Courtesy of Ador

Calls for change

Despite the legal rationale, experts argue that the decision fails to address the challenges faced by K-pop idols in the rapidly expanding industry. Activists urged the government to adapt labor laws to reflect modern realities.

"Overworked idols collapsing on stage mirrors the plight of other overworked laborers," said Lee Gyeo-re, spokesperson for the Korean Confederation of Trade Unions. "We must recognize these individuals as workers under the Labor Standards Act, alongside other precariously employed professionals."

Labor experts also pointed to the broader implications of Hanni's case. Lawyer Park Won-cheol noted that while it is difficult to classify entertainers as workers under the current law, recent court rulings suggest progress.

"Courts are increasingly recognizing the rights of special contract workers, such as golf caddies and insurance agents, who are economically dependent on companies despite being considered independent contractors," Park said.

Indeed, in a landmark ruling in May, the Supreme Court held a golf course and a superior liable for workplace harassment after a caddy died by an apparent suicide. The court ruled that while the caddy was not a legally defined employee, they could still be a victim of workplace harassment.

Kim also stressed that society must address the gaps in protecting individuals in nontraditional employment conditions in today's diverse and evolving working environments.

"Workplace behaviors that undermine human dignity are unacceptable, regardless of employment status," Kim said. "For freelancers, subcontractors and people like Hanni, such incidents happen far too often."

Kim added that cultural shifts must accompany legal reforms. "We need systems to protect workers in nonstandard employment, but we also need workplace cultures that prioritize respect and mutual understanding."