Bullying confirmed in late Oh Yoanna’s case, but no legal recognition as ‘worker’

The late Oh Yoanna, a former MBC weathercaster who died in September amid workplace bullying allegations. Captured from her Instagram

The Ministry of Employment and Labor has concluded that Oh Yoanna, the late weathercaster formerly employed by broadcaster MBC, was subjected to workplace bullying.

However, officials said the Labor Standards Act does not apply in her case because she was not legally classified as an employee.

The ministry said Monday that a special labor inspection conducted by the ministry's district offices found that Oh had suffered repeated mistreatment that went beyond acceptable workplace behavior.

According to the ministry, although Oh received routine guidance from senior colleagues after joining MBC in 2021, some of their actions exceeded the bounds of professional instruction and would not be considered necessary under general social norms.

One incident cited by the ministry involved a senior forecaster who allegedly said to Oh in public, “What could you possibly say on ‘You Quiz on the Block?’” after she was selected to represent MBC on the popular variety show.

Authorities noted that Oh was new to the industry, had been repeatedly subjected to emotionally charged remarks and had expressed mental distress to friends. She also referenced specific incidents in a letter left before her death. Based on the totality of these circumstances, the ministry deemed the conduct constituted workplace bullying.

However, the ministry said the law’s provisions on workplace harassment could not be enforced in this case, because Oh did not qualify as a worker under the Labor Standards Act.

Investigators pointed to several factors: Oh did not handle administrative duties like MBC’s contracted employees; some weathercasters had exclusive contracts with external agencies and retained all income from private work; and the role involved no set working hours, no formal leave procedures and little managerial oversight.

The ministry concluded that Oh acted with considerable autonomy and was not subject to the same rules as staff employees.

A ministry official said that while bullying allegations are usually not reviewed if the victim is not a legal employee, the scope of this inspection was expanded to include other freelance weathercasters amid broader allegations.

He said that since the Labor Standards Act does not apply in this case, it has no legal grounds to issue fines or pursue criminal charges. Instead, it urged MBC to handle the matter internally in accordance with its own regulations.

Jang Yeon-mi, mother of late MBC weathercaster Oh Yoanna, holds a sign during a protest in front of the Seoul Employment and Labor Office on Sunday. She said she “absolutely cannot accept” the labor ministry’s conclusion that her daughter was not an employee under the Labor Standards Act. Yonhap

In response, MBC issued a statement accepting the ministry’s findings and vowing reform.

“We take the labor ministry’s conclusion regarding workplace bullying against the late Oh Yoanna seriously and will take appropriate measures against those involved,” the company said. “We once again extend our sincere apologies to her family and pledge to carry out organizational reforms without delay.”

MBC also confirmed that it has submitted a plan to improve its workplace culture to the labor ministry and is currently implementing corrective measures.

Oh was found dead on Sept. 15, 2024. Her family discovered a 17-page will on her phone and filed a civil suit on Jan. 23, alleging workplace harassment.

This article from the Hankook Ilbo, the sister publication of The Korea Times, is translated by a generative AI and edited by The Korea Times.