Park Chan-wook is among the deans of Korean cinema, famous for writing and directing “Oldboy,” among other films, and producing “Snowpiercer.” He also has a new film premiering later this month at Venice, “No Other Choice.”
So when it was announced Friday that Park and his writing partner, Don McKellar, had been expelled from 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 impact 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 direct movies and TV shows, either overseas or in the U.S. Companies that are signatories to the WGA contract are free to hire him in whatever capacity they want, or to buy his finished films. He can also work for non-signatory companies, domestically or abroad, without a waiver from the WGA.
And if there’s another writer’s strike, he can keep on writing.
Park and McKellar were disciplined for writing their HBO mini-series “The Sympathizer” during the 2023 strike. The WGA considers such conduct “scab writing,” and punishes it in order to deter future strike-breaking and to maintain a credible strike threat.
According to a source familiar with the situation, “The Sympathizer” had been written and shot and was in post-production when the writers’ strike began in May 2023. Park and McKellar worked to complete the show, believing they were following the strike rules, which forbid members from performing “writing services” for a struck company.
The question of what constitutes “writing services” is the source of a multi-decade dispute, with the WGA and the Directors Guild of America offering conflicting advice. Under the DGA interpretation, members are allowed to do things like cut existing material for time or make minor adjustments in dialogue. The WGA sees those actions as “writing” and forbids them.
According to the source, Park is adamant that he did not write during the strike. A WGA trial committee recommended a censure, but the board increased the discipline to expulsion, the source said.
The WGA did not respond to a request for comment.
Park only joined the WGA in order to work on “The Sympathizer,” as his previous work was not governed by the contract. He opted not to appeal the board’s decision.
Expulsion is the most severe form of punishment the guild can mete out. But the Taft-Hartley Act of 1947 outlawed the “closed shop,” meaning that the union cannot limit job opportunities solely to its own members.
The WGA can require that non-members who work under its contract pay a fee to compensate for the cost of union representation. So if Park or McKellar wanted to write another prestige cable drama, they could do so, but would have to pay the “financial core” rate to the union. The rate is currently 4.21% less than standard WGA dues.
Signatory employers would also have to abide by the minimum terms 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 terms as members are, and would also be entitled to union representation in disputes with the employer.
The effects of the expulsion are limited. Park cannot vote in WGA elections, serve in WGA offices, attend WGA events, or be eligible for WGA awards.
The most significant effect may be the public stigma. The WGA maintains a website listing ex-members who have elected to take “fi-core” status or who have been kicked out. For an early-career writer, that could hinder job opportunities even if, legally, it shouldn’t.
But Park will be in good company on the list, along with other big names who have voluntarily opted out of WGA membership. Those names include George Clooney, Sylvester Stallone and George Lucas.