https://www.kpil.org/board_column/20250421/
Apr 23 2025
Recently, the court granted ADOR's injunction request for preservation of agency status and prohibition of entertainment activities against NewJeans (NJZ) members (Seoul Central District Court Decision 2025Kahap20037, dated March 21, 2025).
NewJeans (NJZ) members have currently suspended their activities and filed an appeal. As a K-pop fan who has been closely following this case since last year, I would like to begin this writing hoping that this case becomes an opportunity to examine the issues of idol autonomy and human rights that have been overshadowed by the growth of the K-pop industry and large entertainment companies.
Idols sign a '7-year' exclusive contract with their agency upon debut. The reason for typically signing a '7-year' contract is that the Ministry of Culture, Sports and Tourism's 'Standard Exclusive Contract' stipulates that it cannot exceed '7 years.' From the agency's perspective, it is advantageous to secure the longest possible exclusive period, so at the first debut, the '7-year' term is implemented from the agency's standpoint. However, it's difficult to find the rationale for why it must be '7 years.'
The problem is that while the artist's "7-year" exclusive obligation is specific in the exclusive contract, the agency's management authority obligations and restrictions are not clearly defined. Yet, most of an idol's exclusive activities take place in the ‘blank space' not explicitly stated in the contract. The standard exclusive contract only stipulates that "the artist has the obligation to faithfully provide popular culture and arts services according to the agency's management authority exercise" and "must not refuse to provide popular culture and arts services without justifiable reasons," but there are no limitations on the frequency or time of service provision, and the scope of services to be provided is not specifically defined. From an idol's perspective, they simply 'trust' the agency and sign a '7-year' long-term exclusive contract to achieve their dream of 'debut.'
Idols are required to engage in various activities beyond their main music activities. To build the highly loyal fandom that has become the formula for K-pop success, idols must continuously provide content even outside of their active periods - well-funded agencies produce their own content, and most idols share their daily lives through fan communication platforms and SNS. As these are increasingly becoming monetized, idols' daily lives are commodified, and the boundary between work and daily life becomes blurred. An idol's 'work' goes beyond the contractual scope of popular culture and arts services to become 'living as an idol for 7 years.'