Park Chan-Wook can continue to write despite the expulsion of WGA
Park Chan-Wook is one of the deans of the Korean cinema, famous for writing and directing ‘Oldboy’, including films and producing ‘Snowpiercer’. He also has a new film that will premiere later this month in Venice, “no other choice.”
So when it was announced on Friday that Park and his writing partner, Don McKellar, had been driven out of the Writers Guild of America, it naturally raised a question about what it would mean for his career.
The answer is: almost nothing.
“It has absolutely no influence on employability,” said Adam Levin, a partner at Mitchell Silberberg & Knupp. “Neither the Union nor the producers can discriminate against you based on your non-union status.”
Park can still write, produce and manage, abroad or in the American companies that are signatories of the WGA contract, are free to hire it in whatever capacity they want, or to buy his completed films. He can also work for non-signed companies, inland or abroad, without a distance from the WGA.
And if there is another strike by the writer, he can continue to write.
Park and McKellar were disciplined for writing their HBO mini series ‘The sympathizer’ during the strike of 2023. The WGA considers such behavior to ‘write’, and punishes it to scare up future strikes and to maintain a credible strike threat.
According to a source that was familiar with the situation, “the sympathizer” was written and shot and was shot in postal production when the strike of the writers started in May 2023. Park and McKellar worked to complete the show, convinced that they followed the strike rules, who forbade members to perform “writing services” for a affected company.
The question of what ‘writing services’ is is the source of a dispute with several decades, whereby the WGA and the Directors Guild of America offers conflicting advice. According to the DGA interpretation, members are allowed to do things such as existing material for time cutting or making small adjustments in dialogue. The WGA sees those actions as “writing” and forbids them.
According to the source, Park is determined that he did not write during the strike. A WGA test committee ordered a censorship, but the board increased the discipline to expulsion, the source said.
The WGA did not respond to a request for comments.
Park only came to the WGA to work on ‘the sympathizer’, because his earlier work was not governed by the contract. He chose not to appeal against the decision of the board.
Dearing is the most serious form of punishment that the guild can measure. But the 1947 Taft-Hartey Act forbidden The ‘closed store’, which means that the union cannot limit the opportunities for work to its own members.
The WGA can demand that non-members who work under its contract pay a reimbursement to compensate for the costs of representing the trade union. So if Park or McKellar wanted to write another prestige cable drama, they could do this, but they would have to pay the rate of the “financial core” to the trade union. The rate is currently 4.21% lower than standard WGA contribution.
Signing employers should also adhere to the minimum conditions of the WGA contract and would have to pay pension and health contributions on their behalf. Park and McKellar would also be eligible for benefits on the same conditions as members, and would also be entitled to union representation in disputes with the employer.
The effects of the removal are limited. Park cannot vote for WGA elections, attend WGA offices, attend WGA events or qualify for WGA Awards.
The most important effect can be the public stigma. The WGA maintains one website Notification of former members who have chosen to take the status of the “Fi-Core” or who have been kicked out. For a writer of early career, that could hinder the opportunities for work, even if it should not be legally.
But Park will be on the list in good company, together with other big names who have voluntarily opted for WGA membership. They include George Clooney, Sylvester Stallone and George Lucas.
