The Seoul Western Office of the Seoul Regional Employment and Labor Office said today (20th) that it is difficult to regard Newzins fans as a worker under the Labor Standards Act in response to complaints filed with the Ministry of Employment and Labor, saying, "Newzins member Palm Hani was bullied at work."
"Due to the content and nature of the management contract, it is difficult to say that it is a worker under the Labor Standards Act, which provides work for wages in relation to use and subordinate relations," the Western District Office said in response to the complaint. "It is difficult to say that there was a command and supervision from the management as it is only a relationship that fulfills their contractual obligations in the position of equal contracting parties."
In addition, Hani was cited as a reason why it was difficult to see Hani as a worker, such as in-house norms such as company employment rules, the fact that the system or system was not applied, the inability to set commuting hours, the cost of entertainment activities, and the fact that the amount paid was the nature of profit distribution, and the payment of business income tax rather than earned income tax.
The Ministry of Employment and Labor issued a similar authoritative interpretation in 2010. At that time, the Ministry of Employment and Labor classified celebrities as exceptions to the Labor Standards Act, judging that they were practically independent operators, although they seemed to have worker characteristics in that they signed exclusive contracts and worked.
If the Ministry of Employment and Labor recognized Newjins Hani as a worker in the complaint, several changes could have occurred in his situation.
First, Hani, who is recognized as a worker, can sign a formal labor contract with Hive and negotiate working hours, breaks, and wages. In addition, as a worker, they can form a labor union with their idols and protect their rights and interests through collective bargaining with Hive. In addition, by subscribing to social insurance, you will be able to enjoy the benefits of a social safety net in various situations such as disease, accident, and unemployment.
Hive and its influence on the entertainment industry would have been huge. First of all, the exclusive contract system that forms the basis of this industry is facing a major change. As the celebrity's status changes to a worker, the existing exclusive contract is invalidated and a standard labor contract under the Labor Standards Act must be signed. Accordingly, the agency must prepare clear regulations on the contract period, working hours, rest, wages, and dismissal.
In addition, the agency must manage the attendance of the celebrity and pay the salary. Even if the salary is given wide flexibility in the form of work considering the specificity of the celebrity, there will be a big difference from the existing method of distributing profits. In addition, breaks and vacations under the Labor Standards Act should be guaranteed. Simply put, it means that celebrities will also be able to use annual leave or half a day. As a result, it may be difficult to adjust the schedule and the accessibility of the fans may be greatly limited.
The increase in labor costs is also essential. Additional expenses such as guaranteeing the minimum wage, subscribing to the four major insurances, and paying severance pay are incurred. As a result, there is concern about the side effects of reducing investment in discovering and fostering new people as the financial burden increases.
As such, the issue of recognizing the worker's personality of celebrities has two sides. Both the positive aspect of protecting the rights and interests of idols and the negative aspect of industry confusion should be considered. Therefore, it seems necessary to try to find a balance point that can protect the rights of idols while reflecting the specificity of the entertainment industry through social consensus rather than hasty judgment.
[Photo = OSEN]
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