Hanni’s Workplace Bullying Allegations Shut Down: What the Department of Labor Found

Hanni, a member of the popular girl group NewJeans, has been at the center of allegations regarding workplace bullying within her agency, HYBE. However, the South Korean Department of Labor has concluded that these claims do not qualify as workplace harassment under federal labor laws.

On Wednesday, the Department of Labor confirmed it had closed an investigation into a complaint filed by NewJeans fans. These fans had alleged that Hanni was subject to bullying within the company. The department stated, “It is difficult to consider her an employee under the Fair Labor Standards Act, so the case has been administratively closed.”

The Labor Department explained, “Given the nature of the management contract Hanni signed, it is difficult to classify her as an employee who provides labor for wages in a subordinate relationship.” They further clarified, “The relationship between Hanni and her agency is one where both parties fulfill their contractual obligations as equals, making it challenging to argue that the company exercises control or supervision over her.”

The Department of Labor specifically pointed out several factors that contributed to the decision not to classify Hanni as a worker. These included ” the absence of company rules, regulations, or systems typically applied to regular employees,” “the lack of set working hours or designated workplace, and the inability to determine fixed commuting hours,” and “the shared financial responsibility for expenses related to entertainment activities between the company and Hanni.”

Additionally, the department noted that “the payments made resemble profit-sharing rather than compensation for labor itself,” that “both parties bear their taxes and pay business income tax instead of regular income tax,” and that “Hanni assumes the risks associated with generating profits or incurring losses from her entertainment activities.”

The Department of Labor concluded its investigation by referencing a 2019 ruling from the South Korean Supreme Court, which classified exclusive contracts for entertainers as similar to agency contracts under civil law. This ruling indicated that entertainers cannot easily be classified as employees under the Fair Labor Standards Act.

Under Article 76, Section 2 of the South Korean Labor Standards Act, workplace harassment is defined as actions that cause physical or mental suffering to employees or worsen the work environment by exploiting one’s superior position or relationship in the workplace. Such behavior is prohibited.

However, to be covered by this provision, one must qualify as an employee under the South Korean Labor Standards Act. South Korean courts and the government have previously ruled that entertainers are typically considered exceptional subjects who sign exclusive contracts with agencies rather than being classified as regular employees.

Earlier, in a YouTube livestream in September, Hanni claimed that she greeted a passing entertainer and their manager while waiting in a hallway at the HYBE building. Still, the manager told her to ignore them.

A NewJeans fan who saw the video reportedly filed a complaint with the Department of Labor through the National Petition Center, calling for a thorough investigation into the bullying allegations within HYBE.

In response to the growing controversy, Hanni appeared as a witness during a National Assembly hearing, tearfully addressing the bullying issue.