NewJeans Contracts Reveal Strict Control Over K Pop Stars

Contracts signed by NewJeans members as teenagers have exposed restrictive practices within South Korea's K-pop industry, raising questions about artist protection, financial independence and corporate authority. Documents obtained by The New York Times and reviewed by legal experts reveal provisions that gave the group's label extensive control over its performers.

The five members signed their agreements when they were between 14 and 17 years old. The contracts included substantial financial penalties for leaving, allowed the label to continue selling the group's music after the agreements ended under reduced payment arrangements, and granted indefinite rights to use AI-generated versions of the members' voices.

The agreements also omitted protections included in the South Korean government's standard contract template. Those safeguards cover education, physical and mental health, adequate rest and protection against excessive working hours for underage performers.

The controversy centers on NewJeans' dispute with Ador, a record label belonging to Hybe, the entertainment conglomerate behind BTS and Katseye. The dispute developed into a major legal and business conflict after the five performers attempted to leave the company.

Hanni Pham previously explained the group's decision to challenge its contractual relationship while speaking to reporters.

"Staying at the company will only prolong our psychological pain," Hanni Pham told reporters.

The contracts also restricted behavior that could be considered unfavorable to the company, including what they described as:

"insincere attitude," according to the contractual provisions.

Another prohibited category concerned personal relationships, with the agreements specifically referring to:

"inappropriate romantic relationships," according to the contractual provisions.

Jong-eon Roh, a Seoul-based entertainment lawyer and one of five specialists who examined the agreements for The New York Times, criticized the extent of the restrictions.

"This contract is unusually aggressive," said Jong-eon Roh, an entertainment lawyer based in Seoul.

Roh also highlighted the restrictions imposed on the performers compared with agreements used by major record labels elsewhere.

"It restricts the artists' freedom to a degree rarely seen, even in recent major-label contracts," said Jong-eon Roh.

The contracts were signed after the members had spent years preparing for their careers. According to interviews conducted by The New York Times with people familiar with the group, training sometimes continued until 2 a.m. Security cameras monitored training areas, while breaks were reportedly discouraged.

Four of the five members left school during their training periods. The government template specifically protects minors' education and prohibits agencies from demanding excessive working hours or inappropriate physical and sexualized presentations.

Hybe representatives disputed suggestions that the company neglected its responsibilities toward young performers. The company said its labels comply with applicable laws and negotiate agreements in good faith.

Hybe also maintained that the government contract template is a nonbinding guideline and that the adjustments to the NewJeans agreements had been accepted by the performers' parents.

The company said it does not pressure artists to abandon their education or punish them for taking breaks. It also emphasized that its contractual provisions are intended to protect performers alongside the company's financial investments.

Correspondence obtained by The New York Times indicates that negotiations over the agreements offered limited flexibility. In January 2022, the mother of one member requested several amendments before signing.

Ador's vice president responded to the proposed changes with a warning about the existing agreement.

"If you do not agree to the current contract draft, including the points above, it may be best to reconsider the contract itself," Ador's vice president wrote.

All five parents ultimately signed the agreements. The members were Hanni Pham, Minji Kim, Hyein Lee, Haerin Kang and Danielle Marsh.

The dispute reflects longstanding concerns about the K-pop industry's treatment of young performers. Entertainment companies frequently recruit children for intensive training before they debut, with artists sometimes facing substantial training-related expenses and restrictions on their personal lives.

Entertainment lawyer Dina LaPolt, whose clients have included Britney Spears and Cardi B, said the level of corporate control remains particularly pronounced in South Korea's music business.

"In K-pop, you either do what they say, dress as they say, do your hair as they say, or you're going to get replaced," LaPolt said.

The NewJeans agreements illustrate how entertainment companies can combine the responsibilities of record labels, managers and talent agencies while maintaining extensive contractual authority over performers.