Kim Sung-soo, Culture critic:
The first trial verdict has been delivered. The first-instance ruling was a narrow and limited judgment, confined strictly within the wording of the contract itself.
However, in the appellate court, the second trial, the approach is different. It does not rely solely on the contract’s text. The appellate court also examines legal principles, and within those principles, issues such as human rights that must be interpreted in conjunction.
So, personally, I believe that in order to fully address this human rights issue, a constitutional petition is necessary… to examine whether the standard exclusive contract truly aligns with the Constitution. As it currently stands, the so-called “standard contract” is essentially a mock contract. It heavily reflects the company’s interests, while the artist’s position is barely represented.
When the first standard contract was created, large entertainment companies, including SM, were actively involved and able to propose detailed input on its wording. However, individual idols had no real channel to express their opinions. At best, only a few idols who were already experiencing disadvantages managed to submit their feedback two or three months later, and even those limited opinions were all that ended up being reflected.
This is precisely why a labor union or a proper artists’ agency system is necessary. Contracts should be written on the basis of equal relationships between the parties, and this is especially true for standard contracts. A “standard contract” should serve as a model that balances the interests of both sides, built through thorough study and negotiation between the concerned groups.
But right now, the Ministry of Culture is operating entirely under the influence of those who hold the power.
If you’re a government official at the Ministry of Culture and want to keep your position for a long time, whose interests do you think you’d cater to? The ordinary citizens who file complaints through the national petition system? Of course not... they don’t fear those people. To be blunt, what can an individual citizen do alone? That’s why associations or unions need to exist, only then will those in power start to listen.
That’s exactly why webtoon artists formed a labor union. Their status as workers is much clearer. But idol trainees are different, who would even recognize them as “workers”? Because of that, idol trainees’ voices can’t be heard, and the result is a deeply one-sided standard contract.
So, at the very least, experts who understand these structural issues need to be part of the discussion. But people like Kim Sung-soo weren’t even included. Then who can we say were the “experts” involved? If the people at the table are managers currently working in the field, do you think they’ll advocate for trainees’ rights? Of course not! When they negotiate their own contracts, they’ll naturally prioritize their own advantage.
When a framework like this is created, if a politician or leader doesn’t fully understand the situation, it becomes all too easy to deceive that leader. What we’re trying to do now is prevent that kind of deception from happening again.
In the appeal (second trial), it must be clearly demonstrated that the so-called “standard contract,” which was used as the basis for the first ruling, contains numerous toxic clauses, and that these clauses have in fact become the foundation for human-rights violations. On that basis, we must argue that NewJeans’ right to freedom should be recognized and protected.
Right now, when you look at what’s being said about NewJeans, HYBE is spreading serious lies. It’s practically fraudulent. They claim, “We’re preparing everything after Min Hee-jin. Just like before, we’ll give NewJeans full support so they can focus entirely on their work... composers, choreographers, curators, everything.”
But in reality, that’s nothing more than a façade. A repetition of the same deceptive pattern that led to this situation in the first place.
They say things like, “We’ll give you all the support you need so you can focus entirely on your work. We’ve already prepared everything... composers, choreographers, curators, all of it. We’ve gathered the best creators in Korea, the best production teams in the world. So don’t worry and just come back.” That’s the nonsense they’re spouting.
But think about it... how can someone who doesn’t even understand NewJeans’ concept possibly create work that preserves what makes NewJeans unique? What we’re dealing with here is art... popular art, yes, but still art. Even though it’s sold commercially as a product, that product’s concept and creativity are absolutely essential. Without a clear and distinctive creative identity, you die in this industry.
Each individual song might be good... in fact, in K-pop, there are hardly any “bad songs.” But what matters isn’t just whether a song is good... it’s whether the concept and artistry are cohesive, fresh, and differentiated. Yet so many people say things like, “That song’s weak,” or “It doesn’t suit my taste,” as if their personal preference determines artistic quality. That’s not understanding art! That’s just surface-level criticism.
But if you really evaluate it objectively, that’s not because the songs themselves are weak. It’s because the artists can’t fully embody them, or because the songs don’t fit their concept or identity. That’s why it doesn’t work.
Take, for example, Cho Yong-pil, the legendary “King of Singers.” He once sang “Because I Loved You” because he truly loved that song. You’d think that if Cho Yong-pil sang it, it would automatically be a hit, right? But it wasn’, the version that succeeded was Yoo Jae-ha’s. Do you know why? Cho Yong-pil admired that song deeply, but his vocal style, that vibrato, that forward, resonant tone, simply didn’t suit the song.
This is what people need to understand. Does Minister Choi Il-young at the Ministry of Culture even grasp something like that? Let’s put it bluntly: when Samsung Electronics produces high-yield semiconductors, they’ll sell anywhere. If the yield rate is high and performance is good, that’s all that matters.
But art doesn’t work that way. Only the person who can truly embody and interpret the work can make it shine to its fullest. That’s why Andrew Lloyd Webber searched so meticulously for the actor who could produce the exact sound he wanted for The Phantom of the Opera. It’s not just about technical skill, it’s about artistic compatibility and interpretation.
He even married her. Why do you think that was... because he was a playboy? No. It was because of artistic connection and understanding.
So, to sum it up: NewJeans must break free from HYBE. If they continue working with the people HYBE is currently talking about, the essence and identity of NewJeans will disappear. NewJeans will become ordinary.
And when that happens, people will say, “See? NewJeans wasted over a year being gaslighted during such a critical time, and now they’ve missed their moment. Serves them right.” HYBE will spread that narrative through their underlings, shaping public opinion in their favor.
After that, they’ll probably go on to file a claim for damages, following the same predictable playbook. Are we just supposed to stand by and watch this happen? It’s infuriating. But I’ll do my best to stay calm and composed.
Sorry... I got a bit carried away while saying goodbye. It’s just so frustrating.
Alright, let’s say our goodbyes together.
Today, NewJeans was mentioned in the main news of SBS in Korea as a symbol of developing Korea-Japan relations. Cho Sung-hoon, a media officer at Hybe, called reporters to undermine the performance of NewJeans in Japan and spread false information that they were being gaslighted.
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