Hanni of NewJeans, who is claiming to have terminated her exclusive contract with Ador, has found herself in a dilemma. If her claim is true, Hani has been an illegal resident in South Korea for a week since the 14th.
According to Ten Asia's report on the 20th, Hani is in a difficult situation due to visa issues. Minji, Hanni, Danielle, Haerin, and Hyein, who unilaterally notified Ador of their contract termination on the 28th of last month, are currently without a management company. Aside from potential activity restrictions or inconveniences, a legal issue has arisen: the visa problem for foreign members. Danielle, who holds dual citizenship in South Korea and Australia, faces no issues, but Hanni, who has dual citizenship in Australia and Vietnam, is a foreigner and must renew her visa every year.
The dilemma arises here. Hanni claims that her contract with Ador has ended, but she is staying in South Korea on a visa issued by Ador. This is effectively an acknowledgment that Ador is still her agency, and that her exclusive contract is still valid.
If Hanni's claim that the exclusive contract with Ador has ended is correct, then her contract was terminated on the 29th of last month, and she is currently without an agency. In that case, the visa issued by Ador would no longer be valid. According to the Immigration Control Act, Hanni should have returned her alien registration card and left South Korea by the 13th of December, 15 days after her claim of contract termination. If her claim is accurate, Hanni is, in principle, currently an illegal resident.
While the Immigration Control Act allows for a change of employer under an existing visa, this requires the consent of the agency she was previously with. Since Ador is claiming that the exclusive contract with NewJeans is still valid, they are unlikely to agree to her transferring to another agency.
Under current law, a foreigner must have an agency in South Korea to work as an entertainer, and must receive an E-6 (Entertainment) visa based on the company’s guarantee. In order to obtain this visa, various documents are required, including an exclusive contract with an agency registered under the Public Culture and Arts Planning Agency, a certificate of registration for the entertainment company, a guarantee letter from the agency's representative, and an employment recommendation from the Minister of Culture, Sports and Tourism.
The E-6 visa is issued on the condition that the agency guarantees the entertainer’s identity, and it is naturally based on the premise of the entertainer working with that agency. Therefore, Hanni using the visa issued by Ador to engage in individual activities or work with another agency would constitute a legal violation.
However, it is not entirely impossible for Hani to continue her activities in South Korea. If she quickly obtains a new E-6 visa, she can continue domestic activities. However, this process, including obtaining the Ministry of Culture’s employment recommendation letter and preparing necessary documents, could take 2-3 months. For at least 2-3 months, she would not be able to engage in entertainment activities in South Korea. If the five members' claims are correct, it seems that the full group activities of NewJeans would be difficult for the time being.
Some have speculated that the idea of setting up a family-run company for the five members is a makeshift solution to the urgent need for a new agency due to these issues.
Industry insiders have stated that Hanni's visa, issued through Ador, will expire in early next year. In response, Ador stated, "The exclusive contract with NewJeans is still valid, so we are preparing documents for the visa renewal process according to the procedure."
Choi Jiye, TenAsia journalist
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