Joseph Hwang
The issues addressed in this article are pertinent not only to K-pop idol trainees but also to artists who are preparing to debut.
1. Legal Relationship
K-pop idol trainees selected through auditions and production companies enter into a contractual agreement. The production company invests financial resources in the training and education of the selected trainees, and the trainees sign an exclusive contract agreeing not to transfer to another production company during the contract period. The act of investing in an individual is predicated on respecting their personality and autonomy. Nevertheless, since the individual who has been invested in possesses the capacity for free will, if they betray the investor and sign with another company, the investor must bear the losses. The relationship between the production company and the trainee is one of proportionality, whereby the former bears the risk of loss due to the inalienability of the latter’s human rights. Conversely, the trainee is subject to numerous constraints.
The contractual relationship between K-pop idol trainees and production companies does not align with the conventional definition of employment as outlined in the Labor Code. Despite this, the production company retains the right to oversee and direct the activities of the trainees. This relationship is interpreted as such because the trainee is subject to the company’s control, which acts as the trainer, in order to receive education and training.
The original artist agency contract represents a unique hybrid of a partnership, whereby the K-pop production company is afforded legal rights analogous to those of an employment contract under the Labor Code, due to the management and control of the K-pop idol.
Furthermore, profit sharing is calculated as a percentage of the surplus profit, with the deduction of the costs invested in the idol. This is a highly unusual legal relationship, and there is a scarcity of precedent-setting legal judgments. In the absence of lengthy historical precedent, there is a paucity of institutional norms governing this distinctive contractual arrangement.
Consequently, the courts have yet to establish consistent jurisprudence in interpreting such contracts in the event of disputes. This remains the case regarding trainee contracts and the legal relationships associated with them.
2. Human Rights Issues
The human rights concerns that emerge when K-pop production companies enter into contractual agreements granting them the authority to direct and supervise trainees are typified by the issue of invasion of privacy. The production company invests financially in the trainees, providing them with living expenses, educational opportunities, and training. If a trainee fails to make their debut, the production company may be unable to recoup its investment.
There are numerous reasons why a trainee may terminate their contract with a production company before their debut or leave an idol group. The most prevalent reasons are discord or incompatibility among group members, followed by emotional distress in the relationship with the company or dissatisfaction with management and supervision. Furthermore, how production companies oversee and manage idols who have already made their debut presents a separate set of considerations regarding the issue of romantic relationships.
The distinction between girl groups and boy groups in K-pop is largely attributed to the fact that most idols tend to be attracted to the opposite sex. This indicates that K-pop idols are more readily identified by their artistic abilities than by their vocal or choreographic skills, as they must initially capture the public’s attention through their appearance and image. This also implies that K-pop idol groups must appeal to the opposite sex to maintain their status as artists. Consequently, if a K-pop idol becomes embroiled in a romantic scandal with another artist, or if such information becomes public knowledge, the idol’s career could be jeopardized by negative responses from fans.
To mitigate the financial consequences of such a public response, K-pop production companies endeavor to prevent the distribution of information regarding their idols’ relationships and to avoid the emergence of scandals. This precautionary measure is often applied from the outset of an idol’s training period. If an idol is deemed untrustworthy, the production company may ultimately suffer financial losses. This is why the idol’s cell phone is frequently checked, whether regularly or unexpectedly. In certain instances, the exclusive contract for trainees stipulates that the production company’s inspection of the trainees’ personal information is contingent upon their parents’ consent.
3. Legal Regulations
Since the social issue emerged, the Korean government has enacted legislation to reinforce the legal protection of rights, with particular attention to youth artists.
To safeguard the privacy and reputation of artists, the South Korean government enacted the Popular Culture and Arts Industry Development Act as follows:
“Paragraph 2 of Article 3
(2) Popular culture business persons and popular culture production staff members shall endeavor so as to protect the private lives of popular culture artists and their honor is not lost.”
“Article 21
(1) Where a popular culture business person enters into a contract with a youth popular culture artist, he/she shall include measures guaranteeing basic human rights, such as physical and mental health, right to education, right of publicity, right to sleep, right to rest, right to free choice, etc., of the youth popular culture artist.
(2) A popular culture business person shall not compel youth popular culture artists to perform excessive bodily exposure or immodestly erotic expressions.”
This stipulation guarantees the free choice and fundamental human rights of youth artists.
Nevertheless, despite these legal frameworks, the risk management strategies employed by the production company will ultimately prevail. This implies that the power dynamics between the K-pop production company and the artist or trainee will also prevail. Moreover, the trainees and their parents frequently try to navigate these power dynamics to overcome challenges and ensure that their efforts to debut as a K-pop idol group are not in vain.
Some observers have noted that when a K-pop artist’s personal life becomes embroiled in scandal, resulting in significant financial losses, it is a loss for both the production company and the artist. Given the likelihood of this issue occurring in real life and the example that it has already occurred, it is hard to adopt a position on this subject. The human rights and agency of the idol should be safeguarded; nevertheless, achieving a balance between this and implementing measures to avert harm to the production company is challenging.
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