🔗 2024-11-15 Petition for Hearings and Legislative Supplements/Enactments on Legal Gaps Revealed by Social Controversies of Major Entertainment Companies

Petition for a Hearing and Legislative Supplementation on Legal Gaps Exposed by Major Entertainment Company Controversies

Field of Petition: Other

Competent Committee: Environment and Labor Committee

Referral Date: 2024.12.13

Progress Stage: Referred to Committee (Go to Bill Information)

Consent Period: 2024-11-15 ~ 2024-12-15 (Within 30 days of petition publication)

Consent Count: 51,397 people (100%)

Petitioner: Kim **

Purpose of Petition:

This petition was written to request a hearing for the amendment of existing laws and the enactment of new legislation in cases where current laws cannot regulate the vulnerabilities revealed by the social scandals of H***, the only company in the industry designated as a large business group (conglomerate). It is time for the various suspicions that have emerged throughout this company’s management and business activities to be brought to light. We hope that fair and transparent investigations will be conducted through a hearing, leading to the amendment of laws and the enactment of new legislation that can rectify regulations in the Republic of Korea, which aspires to be a country under the rule of law.
We request a hearing, legislative amendments, and enactments that can enable a thorough fact-finding mission regarding the following items:
1. Compliance with the Public Records Management Act and punishment of those responsible.
2. Investigation and legislation regarding violations of the Fair Trade Act and the insufficiency of regulatory laws.
3. Investigation into violations of the Improper Solicitation and Graft Act and amendment of the Press Arbitration Act.
4. Investigation into the poor ESG management system and amendment of the Commercial Act or enactment of a special law to prohibit indiscriminate lawsuits by corporations.
5. Verification of the murderous working environment of entertainment company employees revealed during the National Assembly audit, and enactment of new laws and amendment of the Labor Standards Act and Trademark Act to guarantee the rights of artists.

Content of Petition:

1. Regarding the selection of H*** and [the Ministry] as a “Leading Company in Job Creation,” it was reported during the National Assembly audit that there are no records regarding the selection and decision process. The Public Records Management Act mandates that “all public officials” have the duty to protect and manage “records produced or received in connection with their duties” and to keep them for at least one year. Since a “Leading Company” is provided with over 200 types of support, including deferral of tax investigations and exemption from regular labor supervision, the absence of selection-related records is a major problem. If documents regarding the recommendation and selection procedures were destroyed, the National Assembly must question the responsible public officials for dereliction of duty through a hearing and demand disciplinary action against the head of the ministry.

2. Regarding suspicions that H* produced, distributed, and executed a report containing slanderous views on the same industry, the monetization of the monopolistic platform within the industry, W****, insincere disclosure of internal trading between affiliates, unfair internal trading and funneling work between labels, album pushing, and speculative/gambling-like random photocards, we request that the National Assembly promote the amendment and enactment of laws regarding the investigation and measures taken by sanctioning agencies and loopholes in current laws through a hearing.

3. Regarding the report in last September about H***’s attempt to lobby journalists, there is still no news of investigation or punishment regarding this suspicion. Along with this, there has been no investigation or punishment regarding the suspicion of violating the Improper Solicitation and Graft Act (Kim Young-ran Act), such as inviting 100 reporters overseas and providing airfare and accommodation in April 2022. We request an amendment to the Improper Solicitation and Graft Act and an amendment to the Press Arbitration Act to stipulate severe punishment for media outlets and practitioners who report false and exaggerated information, after confirming the sanctioning agency’s investigation and punishment status on this matter at the hearing.

4. Companies declaring ESG can be certified as “Social Enterprises” and receive privileges such as various tax reductions, but H***’s ESG report has revealed inadequacies and a poor management system. After verifying this through a hearing, please demand that relevant agencies establish procedures to thoroughly verify suitability when granting certifications that confer benefits. Also, regarding internal whistleblowers of companies, targeting decisions of labor unions, or corporations with superior status harassing residents opposing redevelopment with lawsuits regardless of winning or losing, we request a hearing on H***’s lawsuit for the termination of the shareholders’ agreement to grasp the actual situation, followed by the enactment of a special law and amendment of the Commercial Act with the following contents to regulate such harassing lawsuits:

A. Enactment of a special law with the main point that a defendant can file a motion claiming the lawsuit is a “Strategic Lawsuit Against Public Participation (SLAPP),” and the court must make a decision within one month, and if deemed as such, immediately dismiss it.
B. Add a provision to the amended Commercial Act stating that when a corporation files a lawsuit against an individual, the board of directors must do their best to verify that it is not a SLAPP, and if the filed lawsuit is judged to be a SLAPP, the charge of breach of trust (malpractice) shall be applied to the board of directors.

5. Regarding H***’s issue of death from overwork, the non-submission of data requested by Rep. Jeong Hye-kyung up to the time of filing this petition, the absence of a stance on protecting in-house artists, and the exposure by employees regarding murderous labor such as being made to work even after registering for unused annual leave, we request the National Assembly to confirm unfair labor practices through a hearing and demand supervision and sanctions from the competent ministry. Furthermore, citing testimonies from the National Assembly audit stating that “artists are not members whose human rights are respected” (i.e., not considered workers), we request the enactment of laws for the rights of underage artists and workers who are outside the protection of labor laws, amendment of the Labor Standards Act, and amendment of the Trademark Act, which is the aspiration of fans and artists suffering from the tyranny of agencies, such as the cases of GFRIEND’s reunion and Shinhwa and 2NE1 who were able to use their group names after 12 and 8 years respectively.