Tag Archives: lawsuit

Jaejoong’s Message to Members

i’m so beat today~but i realized i can’t be as beat as DBSK when they train huh. I was just surfing the net when I found this which I highly doubt we’ve shared here:

this is jaejoong’s letter to the other members during their mirotic period, it might explain why they’re doing this lawsuit.
Jaejoong say:

To: Yoochun
Yoochun, you don’t say much usually but writing this down using these kind of words make me a little embarrassed. I know you have been very tired recently, worried and forcing a smile out – I feel sorry. We are always together and the other members are unable to see your sadness but the hard words have to be said out. If you’re tired, tell me, I will help you. I will also listen to all your troubles because I am always by your side. You can tell me anything and everything – the soul of my life. Yoochun, I love you.

To: Junsu

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[News] 090818 JaeChunSu: “Focusing Completely on The First Hearing”

Saw this at syc

The three members of TVXQ who are currently in a dispute with their agency SM Entertainment, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu are completely focused on preparing for the first hearing.

On the 17th, a representative of Sejong law firm, that is aiding the three members, told Money Today Star News that, “We are preparing for the first hearing that will be soon,” and “TVXQ’s stand and SME’s Stand on this situation have not changed at all.”
He also said, “As they are still under SM Entertainment, all five of them are completing the schedules they have been given.”

The three members’ lawsuit’s first hearing will be held on the 21st this month.

The three members of TVXQ filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment on July 31st asking for their release from their exclusive contract. They also filed for a Preservation of Evidence request so that they could calculate the exact amount of their income. TVXQ’s leader U-Know Yunho and youngest member Choikang Changmin did not participate in this lawsuit.

Source: [star news+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
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[TRANS]090812 TVXQ’s Dispute Triggers Voices For Change

Out of all the celebrities who have left their idol groups and set out independently, only a handful have succeeded. From the left, Eun Jiwon who is doing extremely well in a entertainment program, Lee Hyori who has succeeded as an actress as well as a singer, and Ok Juhyun who now performs in musicals.

Top idol group TVXQ’s exclusive contract dispute with their agency SM Entertainment has triggered voices that call for a change of how young idol stars are treated and trained. Although there have been dance groups who received the passionate support of teens in the past, the ‘Idol system’ in which agencies train and raise their stars is quite recent as it started in the 1990s.

Where are the first generation idols now?

Many of singers who were in the first generation idol groups, such as H.O.T. SechsKies, Fin.K.L. and S.E.S., have left their original agencies and are currently participating in solo activities. However, they have not been able to achieve the success they achieved when they were still part of idol groups. Lee Hyori, who was labeled a ‘Sexy Icon’ in 2000, has been testing the waters of acting, singing and shooting commercials and has been greatly successful in all three areas. Eun Jiwon stands out as he has gained much love from all age groups for his appearance in a popular TV entertainment program. In the case of Ok Juhyun and Bada, they have been using their amazing vocal abilities to succeed in musicals and the K-pop industry.

In the case of popular group GOD, who came after the first generation idol groups, the members have all gone solo with acting and singing but they have not been able to make as big an impact as they did when they were together.

In the case of long-running group Shinhwa, their activities have halted due to the enlistment of various members to complete their military service, but the others are busy with their solo activities.

After breaking off, they must train their abilities to be self-sustainable

The life of an idol group is very short and many say the longest an idol group will probably go is five years. This dispute TVXQ has with SM Entertainment may turn out like H.O.T.’s dispute with the agency, with the group naturally disbanding when the contract expires. However, it is not easy for a star to succeed on his own after he leaves his agency.

These days, many agencies teach each idol group member many talents to make them ‘multi-entertainers.’ However, this is not enough to be self-sustainable later on. A representative of A Agency said, “Compared to the first generation idols, idols these days are better at everything from composing and writing lyrics to playing instruments, to acting. However, there is a limit to all of these things,” and “Agencies should try to nurture the singer’s creativity level.”

Singer B, former member of an idol group, said, “When you become a trainee at an agency, they only teach you what they want you to know. So when you leave the agency and try to go solo, you don’t have all the abilities to do so because they didn’t teach you enough,” and “Idol group members can only survive afterwards if they’ve properly prepared their own unique talents.”

Music Critic Lim Jinmo said, “What is embarrassing about the current TVXQ dispute is that people are focusing only on the money aspect with no thought of any issues dealing with their music,” and “Agencies shouldn’t just focus on the income, they should be actively interested about the education that builds character and the development of individual talents if they want to maintain good relations with their celebrities.”

Source: [munhwa+DNBN]
Translation credits: jeeelim5@iscreamshinki.net
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[News] Park Chan Jong ‘SM,fraud against DBSK’

Park Chan Jong: “SM, fraud against DBSK.”

Original Article can be found Here
Article Credits: Lee Jae Jun (CBS Politics)
Translation Credits: j.adore @ soompi
shared by: sharingyoochun@wordpress + fanaholic

Park Chang Jong laywer former member of the National Assembly, who previously dealt with big cases such as ‘Minerva’ and Park Yeon Cha case revealed his stance on the controversial DBSK Case.
He is the representative of ‘Honest People’ and in a report stated that, “it is clear the contract DBSK signed with SM is a slave contract. He asserted in the case with SM Entertainment’s battle, DBSK’s company’s acts, according to the criminal law, can be considered as fraud against minors. He criticized the 13 year contract and especially stressed that it is a fraud against minors.

According to criminal law article 384, clause 1, “this type of fraud states that taking advantage of the lack of judgment minors or disabled people can have and thus, profits from is punishable for up to 10 years of penal servitude or for up to 20 million wons of penalty.

Following, SM signed a contract with DBSK who were minors, and thus were not in conditions to make informed judgments, and made immense profit.

He added that this case must be taken as a lesson in order to eradicate the slave contracts employed by many entertainment companies. He especially pointed out the injustice parts in DBSK’s contract.
He stated:
-By setting the contract condition for 13 years, when the 5 members of DBSK were minors, SM took into consideration of their life as entertainers, and in result, tied them down for life
-Upon cancellation of contract, required for penalty 2 times the amount of future earnings
-Upon signing of the contract, did not confirm the original contract with the party
-Concerning their earnings, required the album sales to exceed 500,000 copies for the parties to receive 10 million wons the next year

Further, he stated, “the criminal acts by SM can be accused not only by DBSK members but a third party and this must be an opportunity to learn lessons eradicate the slave contracts.”



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JaeChunSu against SM Ent – Lawsuit part 6

I’m getting really depressed now. Don’t really know what to do anymore T_T

“The DBSK Situation, the truth and distortion. (Interview of acquaintance)”

Article Credits: Song Eun Ju, Na Ji Yeon @ Sports Seoul
Translation Credits: j.adore @ soompi.com
shared by: sharingyoochun@wordpress + fanaholic

The future of idol group DBSK is uncertain. DBSK’s 3 members (Micky YooChun, Xiah Junsu, Youngwoong Jaejoong) and SM’s trouble is too deep. Although they state that there will be no disbandment, in reality, disbandment is more than likely. Even if they avoid the worst case scenario, disbandment, it feels like their departure of SM is set.

On the third, a acquaintance of the 3 members said, “settlement with SM has been tried multiple times. But their differences couldn’t be settled. The reason this went to court is because they couldn’t find a point to settle.” Thus, they concluded that more attempts for negotiations was useless.

The acquaintance that the reporter met is someone who has watched over DBSK very closely. He has experienced all ups and downs since debut until now. According to him, DBSK advocated for only one thing. They wanted conditions of the contract to be eased. However, it has gotten to a point where the conversations between the two parties have gone nowhere.

He stated, “they asked for the contract term and earnings distribution to be revised because everyone could tell it was irrational. They attempted to negotiate until the end but they felt that SM was avoiding them. Therefore, things got emotional for both parties and the 3 members are even more angry with SM’s response.”

“The truth about the 3 things that SM distorted.”

After the initial reports about this incident, SM sent documents on the 1st and the 3rd. On the first, they reported that this problem was due to the makeup company investment and they will work it out. After the contract conditions were reported, they responded that members were paid 11 billion Won and were given foreign cars as presents.

In response to this, he stated, “the nature of this instance is the unfair contract, not the make up company. However, SM has not mentioned the contract conditions and have continued to use make up company issues to play with the media.”

Additionally, he discussed about the 11 billion Won. He said, “let’s say SM is right and that they were paid 11 billion won for the 6 years of work. This is the pre-tax profit. After taxes were paid, and this amount is divided by 6 years, and 5 members, this is less than 200 million won per member. For the first half of this year, the profits from album sales in Japan is 2.5 billion Yen (33 billion won). However, DBSK doesn’t even receive 200 million won per year.”

The total number of albums released in and outside of Korea is 48. Out of these, including singles and full albums, 1.96 million copies were sold in Korea. In Japan for 4 full albums and 27 singles, 8 of those sold over 100,000 copies, and one sold over 250,000 copies. Including south-east Asia, at least 4 million albums were sold.

He also criticized abnormal methods of calculating methods. According to him, “SM requested money for back dancers and food. Basically, almost all of the expenses were paid for by DBSK.” He added, “besides this, SM created a local subsidiary and divided the earnings of DBSK into pieces. For example, SM Japan and Avex divided earnings, and this was also divided with Korean SM. With complex divisions, the money for the members were reduced.

Also, he stated that the foreign cars were given to them under the company’s name. “They received cars from SM after an award ceremony. However, the cars were registered in SM’s name and is not owned by DBSK.”

“The three members are as tired as they can get.”

According to this acquaintance, the three members of DBSK are tired of SM’s play with the press. They have no intention to solve this with mere words, and are extremely upset that SM is exaggerating only one side of the story, distorting the truth. He said, “they expected SM to twist words with the press but didn’t realize it would be to this extent. If SM continues this method, I think it would be nearly impossible to work together with SM again. I suspect that they will part with SM and try to find a different solution to settle this.

Their departure from SM does not bean the disbandment of DBSK. He asserts that there is no problems in relationships between all the members. They are still like family and agree that in any situations, they must work together. He said, “Truthfully, all five had the same intentions. But in the process of negotiations, there was differences between the members. That is why only 3 members decided to fight with their company. They all agree that the contract conditions are irrational, it is just that their way of handling it is different.”

DBSK will continue even after departure with SM”

Micky YooChun, Xiah Junsu, Youngwoong Jaejoong’s will is stronger than ever. The acquittance reported that, “the 3 members are showing stronger wills than before debut. The three members are determined to stick together no matter what hardships come their way.”

They are also determined to get back together as 5 members under the name DBSK. He revealed, “even if the 3 members leave SM through lawsuit, this only means departure from SM. This does NOT mean the disbandment of DBSK. It may be after the 2 remaining members leave, or if they perform from 2 different companies; the 5 want to continue with DBSK.”

Well then, if 3 members leave SM, would they still be able to use the name ‘DBSK.’ Upon researching in the Industrial Property Office, the group name ‘DBSK’ is not registered. SM registered for DBSK trademark in 2004 but was denied. In other words, SM does NOT have the right to the name ‘DBSK.’

According to a ‘Mansung’ Patent Law Firm Office, the patent attorney Hwang Sung Pil said, “Dong Bang means East and one cannot assert exclusive right to use it. Most likely, this was probably the reason why the application was denied 2004. SM cannot assert any trademark rights to the name. If the 5 members are together even away from SM, they will have no problems using the name.”

More than anything, DBSK feels extremely sorry to their fans. This is why they want to go through with performances that were already scheduled. The acquaintance reported, “if they lose the lawsuit, they may have to pay an extreme amount of money for penalty. More than that, they are going through hard times thinking that they will have to be away from their fans while the lawsuit is in process.”

original: http://www.sportsseoul.com/news2/entertain/hotentertain/2009/0804/20090804101040100000000_7287253487.html)


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JaeChunSu against SM Ent – Lawsuit part 5

SM Entertainment’s refutation, “They made 11b KRW after debut”

SM Entertainment, with which Dong Bang Shin Ki member Hero JaeJoong, Micky YooChun and Xiah JunSu has have a dispute with, came out to reveal their official stand.

SM Entertainment said on 3rd August, “Dong Bang Shin Ki has earn 11billion KRW from after their debut till 2009 July (dividend payout 9.2 billion KRW + beforehand provision 1.77 billion KRW). Also they also received many high-end foreign products in the process even though SM Entertainment was suffering from a business deficit in the 4 years after the group’s debut. And even though there is a distributive ratio, they would have raised it with proftis from their endorsement in CFs, doing events and also photoshoots.”

And about how the 3 members have said that they were given unjust treatment, SM Entertainment said, “About their health and schedule, we have discussed them before they were put through it.”

And about the cosmetic enterprise, SM said, “Looking at this case, this holds substantial reasons to it. It is evident since there is only 3 members involved in this case. They wanted to reduce the loss of image and harm to them as soon as possible with this plan as they will be used for the enterprise in terms of having their images used as part of marketing and also to participate in events for the enterprise.”

Also, “According to the Fair Trade commission, there is no provision saying that singers cannot be signed for beyond a period of 7 years, and there is no exceptional provision limiting the contract of singers promoting overseas. We did amendments to the exclusive rights clause for 5 times after the contract was contracted, 2 times were to address the compensation of loss, and after checking and confirmation by the Fair Trade Commission. The rest of the 3 times were to address the profits distribution ratio and for renewal – in 2004 January, then in 2007 February and 2009 February.”

SM “We will solve this case with the 3 members regarding the application for retractile in the contract and the lawsuit confrontation as soon as possible.”

source: KBites
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[Eng Sub] YTN News, 8/3/09

Full statement http://www.dnbn.org/?id=db01&no=2…
[Eng Sub] this is one of the news about the current situation. it talks about the statement released by the lawfirm representing yoochun, jj, and junsu.
the terms of the 13-year exclusive contract is so unfair/unjust/wrongful, it made me cry and made me so angry!
it’s like a slave contract!

credits: mickytohos


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