Hanni of NewJeans, or “Jeanz,” who claims to have terminated her exclusive contract with ADOR, has found herself in a dilemma. If her claims are valid, Hanni has technically been an illegal resident in Korea since December 14.
According to an exclusive report from TenAsia on December 20, Hanni is in a difficult position due to visa issues. On November 28, Minji, Hanni, Danielle, Haerin, and Hyein unilaterally notified ADOR of their contract termination. As a result, they are currently without an agency. While this has implications for their activities and convenience, it also raises legal issues — specifically, visa-related issues for foreign members. Since Danielle holds dual citizenship in South Korea and Australia, she is unaffected. However, Hanni, who has dual citizenship in Australia and Vietnam, is officially classified as a foreigner in South Korea and therefore must renew her visa annually.
This is where the dilemma arises. While Hanni claims her contract with ADOR has ended, she is still staying in Korea on a visa sponsored by ADOR. This situation effectively acknowledges ADOR as her agency and the validity of her exclusive contract.
If the claim that the exclusive contract with ADOR has ended is upheld, Hanni’s contract would have been terminated on November 29, leaving her without an agency. As a result, the visa issued through ADOR would no longer be valid. According to South Korea’s Immigration Control Act, Hanni would have had to return her Alien Registration Card and leave the country within 15 days of claiming her contract termination — that is, by December 13. If her claim is to be taken at face value, Hanni would currently be classified as an illegal alien.
The Immigration Control Act allows for the transfer of employment under an existing visa, but in such cases, the consent of the previous agency is essential. Given that ADOR maintains the stance that its exclusive contract with NewJeans is still valid, it is highly unlikely that they would provide consent for her transfer.
Under current laws, foreigners must be affiliated with an agency to work as entertainers in South Korea. To legally perform activities, they must obtain an E-6 (Entertainment) visa, which requires sponsorship from a registered agency. To acquire an E-6 visa, the following documents are necessary: an exclusive contract with an agency registered as a pop culture arts planning business under the Pop Culture Industry Promotion Act, the agency’s registration certificate, a letter of guarantee from the agency’s representative, and an employment recommendation letter from the Minister of Culture, Sports, and Tourism.
The E-6 visa is essentially tied to the agency’s sponsorship of the entertainer. Therefore, it is illegal for Hanni to engage in personal activities or work with another agency using a visa issued through ADOR. Hanni’s ability to continue her activities in South Korea is not entirely out of reach. If she quickly obtains a new E-6 visa, she could continue her domestic activities.
However, the process requires the preparation of several documents, including the employment recommendation letter from the Ministry of Culture, Sports, and Tourism. This process typically takes two to three months, during which she would be unable to conduct entertainment activities in Korea. If the claims of the five members are valid, this implies that NewJeans would not be able to promote as a full group for at least two to three months.
Some speculate that the reason for the rumored establishment of a family-run agency by the five members’ families is to urgently resolve these issues by securing a new agency for them.
According to industry insiders, the visa Hanni obtained through ADOR is set to expire early next year. Regarding this, ADOR stated, “Since the exclusive contract with NewJeans is still valid, we are currently preparing the necessary documents to extend the visa in accordance with the procedures.”
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