Are K-pop Stars Considered Workers? South Korea Says No
NewJeans, one of South Korea’s most successful K-pop acts, has sold more albums than any other K-pop girl group last year, amassing millions of fans globally. Despite their success, the group’s members are not considered workers under South Korean law, according to the Ministry of Employment and Labor.
The ministry’s dismissal of workplace harassment claims against a member of the group has sparked backlash, with critics pointing out the demanding nature of the industry and its reputation for harsh schedules and intense competition. This controversy adds to the ongoing public dispute between NewJeans and their record label, Ador.
NewJeans, known for hits like Super Shy, OMG, and Supernatural, became the eighth biggest-selling act worldwide last year and earned a nomination for Best Group at the MTV Awards. Formed by Ador in 2022, the group consists of five members aged 16 to 20: Minji, Hanni, Danielle, Haerin, and Hyein.
The controversy began in September when Hanni, along with the other members, raised concerns about their treatment by Ador during a spontaneous YouTube livestream. In the now-deleted video, the group claimed workplace harassment, with Hanni stating that she would testify in a hearing about bullying in the music industry. Hanni, a Vietnamese-Australian singer, shared that she felt “the company hated us” and detailed incidents where senior Hybe executives, the parent company of Ador, allegedly ignored the group. She also accused staff members of badmouthing NewJeans on an internal communication platform and manipulating a journalist to downplay their sales figures.
Hybe denied the accusations, with the CEO of Ador saying that she would “listen more closely” to the group. Fans responded by filing a petition to the government regarding workplace bullying. However, the Ministry of Employment and Labor rejected the claims, stating that, according to Hanni’s management contract, she does not qualify as a worker under South Korea’s Labor Standards Act.
Senior partner of Yulchon law firm in Seoul, Chunghwan Choi, explained that the criteria for being classified as a worker include having fixed working hours and being under direct employer supervision. Celebrities, including singers, are typically considered independent contractors rather than employees. Additionally, Hanni’s income is classified as “profit sharing,” not wages, and she pays business income tax instead of employment income tax.
Some experts find this response “unfair but unsurprising.” CedarBough Saeji, Assistant Professor of Korean and East Asian Studies at Pusan National University, criticized the grueling nature of K-pop idol work, describing it as “emotionally and physically exhausting” with long hours and no clear rest periods. She argued that the lack of worker protections or unions in the K-pop industry has led to exploitation.
Currently, South Korea does not have specific labor laws protecting celebrities and artists. Choi called for urgent reforms to address these issues, suggesting that a law similar to the Talent Agency Act in Hollywood, which regulates talent agencies and contracts, could help prevent exploitation. However, such reforms have not yet been enacted.
In response to the ministry’s decision, NewJeans fans rallied under the hashtag #IdolsAreWorkers, showing support for the group and calling for industry reforms. While some acknowledged that the decision was legally grounded, many pointed out the need for systemic changes in the K-pop industry.
Hanni has not yet publicly commented on the government’s ruling. Meanwhile, Hybe, the largest music company in South Korea, which also represents K-pop giants like BTS and Seventeen, continues to dominate the entertainment scene. The K-pop industry is well-known for its high-pressure environment, where idols are subject to strict expectations regarding their appearances and behavior.
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