Idol Protection in the South Korean Entertainment Industry

The Hallyu Wave, or spread of Korean culture, started in the 90s, bringing Korean music, films, cosmetics, and games to the rest of Asia and the West. The music industry, specifically, has had breakthroughs in the West through PSY’s song “Gangnam Style” and later the popularization of the idol group BTS in 2017. As of 2022, the Korean music market was the 7th largest in the world, with a value of $6.5 billion USD. [1] The modern idea of a K-pop idol group was based on the successes of one Japanese entertainment agency: Johnny and Associates. In the 1960s, the agency began to sign young boys to live in dormitories, attend a company-run school, and compete in festivals to hone their performance skills; the boys eventually becoming singers under the company. Drawing inspiration from this entertainment agency model, Lee Soo Man, the founder of SM Entertainment, created the first Korean idol boy group H.O.T. in 1996. SM Entertainment is now considered a giant of the Korean entertainment industry alongside companies such as YG, JYP, and Hybe Entertainment. [2] Currently, hundreds of young children and adults live under the trainee system with the dream of being accelerated into global stardom. Issues surrounding treatment of trainees, contractual length and obligation, and working conditions have led to the passing of bills aimed at regulating the entertainment industry. [3]

In 2009, three members of the popular idol group TVXQ sued SM Entertainment in an attempt to terminate their 13 year long contract dubbed a “slave contract.” [4] The group had grievances with extreme working hours, interference in personal life, and unfair profit distribution. [5] After winning the lawsuit, the issue was brought to the attention of the ‌Korean Fair Trade Commission, which then capped idol contracts at seven years. Despite this progress,  the members of TVXQ were blacklisted from the mainstream television channels and barred from working as idols. [6]

Shortly after, the Popular Culture and Arts Industry Development Act was passed in 2014, with multiple amendments, adding limitations to the number of hours and which hours children can work, and requiring trainees to continue their education, assuring physical and mental wellbeing, and preventing abuse. [7] These limitations were passed in response to the intense pressure on trainees and idols to maintain strict beauty standards, often resulting in young children having harmful diets, undergoing plastic surgery, or acquiring physical injury from intense activity. Additionally, idols and trainees’ mental wellbeing are often at risk due to the uncertainty of their debut and future, scrutiny from internet communities, and even intense stalking from fans and media outlets.

Some trainees, however, have commented on the Popular Culture Act’s lack of enforcement, stating that guidelines are often disregarded behind the scenes. With no way of enforcing regulation, minors enduring violations may be fearful of being released from the trainee system if they chose to file a complaint. [8] Additionally, in 2023, a revision was made to the Popular Culture Act, called the “Lee Seung-gi Crisis Prevention Act,” requiring companies to disclose their income settlement details to their artists at least once a year, and to give more age-specific limitations on minor working hour regulations. [9] The act resulted from a lawsuit between popular singer Lee Seung-gi and his agency of 18 years, Hook Entertainment, which failed to distribute music settlements during the duration of his career. The revision was heavily disputed by major South Korean Entertainment agencies, who claimed the limitation on working hours may hinder the pop culture industry from advancing. [10] 

Differences in priorities, such as idols having a safe and healthy working environment and entertainment agencies increasing their profits, continue to be a source of tension within the industry. Further regulation of the idol system and support to trainees and young idols might be necessary in order to further protect the rights and well-being of those in the industry, while also finding a balance with the financial interests of the agencies producing these groups.  

---

Sources

1. “South Korea - Entertainment and Media.” International Trade Administration | Trade.gov, December 5, 2023. https://www.trade.gov/country-commercial-guides/south-korea-entertainment-and-media.

2. 이동연 한국예술종합학교 교수. “케이팝을 움직이는 손, ‘대형기획사.’” Pressian.com, February 2012. https://www.pressian.com/pages/articles/38008.

3. Leung, Sarah. “Catching the K-Pop Wave: Globality in the Production, Distribution, and Consumption of South Korean Popular Music,” 2012. https://digitallibrary.vassar.edu/sites/default/files/2022-01/Catching_the_K_Pop_Wave_Globality_in_the_Production_Distribution_and_Consumption_of_South_Korean_Popular_Music_0.pdf.

4. Sang-hee, Han. “Is There a Solution for Slave Contracts?” Koreatimes.co.kr. The Korea Times, August 11, 2009. https://www.koreatimes.co.kr/entertainment/shows-dramas/20090811/is-there-a-solution-for-slave-contracts. 

5. Niza, Roos, Mohd Shariff, Azlin Namili, and Ramli Md. “UNFAIR CONTRACT TERMS: THE CASE of JYJ v SME,” n.d. https://core.ac.uk/download/12123062.pdf.

6. Kil, Sonia. “Korean Talent Agencies Ordered to End Slave Contracts.” Variety, March 9, 2017. https://variety.com/2017/artisans/asia/korea-talent-management-agencies-ordered-to-end-slave-contracts-1202005310/.

7. Popular Culture and Arts Industry Development Act, Act No. 15437, Mar. 13, 2018 (Republic of Korea)

8. Lee, Jin, Tama Leaver, and Crystal Abidin. “Child Idols in South Korea and Beyond: Manufacturing Young Stars at the Intersection of the K-Pop and Influencer Industries.” New Media & Society, November 23, 2024. https://doi.org/10.1177/14614448241295718.

9. Popular Culture and Arts Industry Development Act, Act No. 15437, Mar. 13, 2018 (Republic of Korea)

10. https://koreajoongangdaily.joins.com. “Five K-Pop Associations Slam Revisions to Act Related to Young Stars.” Joins.com, May 16, 2023. https://koreajoongangdaily.joins.com/2023/05/16/entertainment/kpop/kpop-Korea-Entertainment-Producers-Association-Corea-Entertainment-Management-Association/20230516164648054.html.