On the 17th, the Seoul District Courts dismissed both the formal objection and exclusive contract suspension injunction filed by SM Entertainment against JYJ (Jaejoong, Yoochun and Junsu).

Regarding this, SM Entertainment immediately released a refutation document stating, “SM and JYJ’s legal battle is still not over,” and “The decision laid down by the Courts on the 17th was made only with regards to the injunction; it does not mean that the exclusive contract between SM and JYJ is invalid.” They continued to add, “We are currently involved in the trial on this issue and a witness examination date has been set for mid-March. We will use only the objective truth and facts to prove the validity of the exclusive contract.”

Court order states SM Entertainment will pay 20 million won each time they interfere with JYJ activities

After the Seoul Central District Court dismissed both of SM Entertainment's injunctions against JYJ last week, the judge Kim Daewong has decided to incur a fee against SM Entertainment every time they interfere with JYJ's activities. Through a press release, JYJ's current acting agency said on February 21st, "SM Entertainment will not be allowed to interfere with JYJ activities and will pay 20 million won every time they violate this court order."

The court has decided that there is a possibility that SM Entertainment will interfere with JYJ's activities, and in the case that they do interfere, have made this ruling. To prevent any possibilities of interference, the court has ordered a restraining order against SM Entertainment.

Even though the court has ruled in favor of JYJ, C-JeS Entertainment's Baek Changjoo said, "There are still many obstacles to go over. There are many things still to be worked out even with the court ruling in our favor. I hope the public and fans support our cause and help create a more progressive celebrity system."

Source: Hankyung

Credits: Koreaboo

Shared by: DBSKnights + AiNoSaranghae

Change In SM's Attitude Is Needed More Than JYJ's Continuous Victories

Note: The following is an editorial - an opinion piece - from Korean media but it's an interesting read.

The Courts have sided with JYJ once more. They dismissed both the formal objection against JYJ's injunction and the exclusive contract suspension injunction filed by SM against JYJ. As this is just a dismissal of SM's formal objection, we cannot dare to predict the outcome of the lawsuit yet. But it is true that the Courts' decision to accept JYJ's injunction and to dismiss SM's objection gives JYJ much hope. Although JYJ have won, they have not truly won. It would stay the same even if JYJ go on to win the actual lawsuit as well.

The reason JYJ have been unable to appear on music programs, though they fervently wish to be active domestically, is irrelevant to the Courts' verdict. Though some say that it is because broadcasting companies are busy treading on glass to be in SM's good graces, it would be more precise to pinpoint the problem on a coalition between entertainment agencies and broadcasting companies. The majority of variety programs rely on idols, and SM's share in TV shows is as big as the size of the company. Even common sense can explain why broadcasting companies would choose SM, with its plethora of idols, over a three-membered JYJ. Whether this is true or not, what is important is that PDs are denying JYJ of appearances on music programs, something fans and even PDs themselves want.

Courts Dismisses All SM Injunctions and "Legally Guarantee JYJ's Independent Activites"

The Seoul District Courts has dismissed all formal objections against JYJ's injunction as well as the exclusive contract suspension injunction filed by SM Entertainment against JYJ's Kim Jaejoong, Kim Junsu and Park Yoochun.

On the 17th, the Courts made it known that they have dismissed all claims filed by SM Entertainment, which is the agency's formal objection against JYJ's injunction as well as its exclusive contract suspension injunction.

This means that the Courts have emphasized their decision that the contract signed between the members of JYJ and SM is invalid and that the members' independent activities are guaranteed. They have also publicized that SM Entertainment cannot interfere with JYJ's activities in the entertainment activities on the claim that their contract with the agency is still valid.

Court invalidates ‘slave-like contract’ for entertainers

The Supreme Court upheld a ruling that long-term contracts between entertainers and their agencies are unfair and therefore invalid.

The top court Friday invalidated a contract putting an entertainer under the control of his agency for as long as a decade, saying the contract restricted freedom.

TVXQ’s Income revealed

With the court agreeing on the injunction sent by the 3 members of TVXQ, the trio had the power to look at SM Entertainment's contract for the members. It was shockingly unfair and against public policy. The three members who stood up for themselves (Kim Junsu, Kim Jaejoong, and Park Yoochun) have the court on their side and are now proceeding with their main lawsuit, which is to get the shares and income that they deserve from their activities in the past 6 years.

Below is what the court has presented as the content of the members' contracts. The contract has been modified 5 times since their debut, so this is the overall review.

1. TVXQ has received $0 from their album sales till July 2008, and a very small amount after.

Before the fifth modification that the company made with their contract, it stated that the profit from albums and singles with sales less than 500,000 copies would go 100% to SM Entertainment, which left the members with nothing. There has been no Korean album that have exceeded 500,000 album sales between the time of TVXQ's debut and their 4th album Mirotic, which was the first album in Korea to sell over 500,000 albums for a long time.

On July 1 2008, the company changed the contract so each member would get 1% from album sales that exceeded 200,000 copies. For albums that are below that number, they are paid 0.6% to nothing. Through these terms, TVXQ has not earned a single cent since February 2009.


2. TVXQ has received $0 from sales of concert DVD's and albums with recordings from concerts.

The contract stated that the members are not entitled to get any profit from concert DVD's and "live" albums.


3. TVXQ received $0 from their appearances in TV programs.

In the contract, the members do not have a right to receive the shares made from appearances on television programs if they are featured in only one episode or if their appearance is temporary. SM has kept all the profit from TV shows where TVXQ were guests.


4. For other ways of getting profit, SM subtracts the total amount with all the expenses that the company has paid for them, including clothing, salary of company staff, stage preparation, rent, food expenses, and etc., which only leaves a fraction for the members of TVXQ.

As for all other sources of income, the contract says that the members do not get the full "net income", but only get a percentage of it. The contract states that the "net income" is the profit remaining after deducting their operating costs, which is the money that the company spends on them. The operating costs include expenses that are to be covered by the employer, such as salaries of the staff (manager, clothing coordinators, makeup artists, dance coordinators, back dancers, etc.), performance stages, living expenses which include water and electricity bills, travel expenses which include plane tickets, and meal expenses. The company might add something in addition to deduct more from the net income.

In conclusion, TVXQ actually received anywhere from 1% to 5% from all of their activities, which depending on how you look at it can still add up to 7 figures or more but still many consider this to be unfair.

Thanks to DBSKnights, AiNoSaranghae, allkpop [DNBN], Inklette@DNBN.pe.kr, and tohosomnia.net for sharing the information. and also check out the ONETVXQ Forums

hi... aNnyeong.... im bAck.... ahahahaha.... the weather is not nice soo i have to go back home... :P/// xD

TVXQ Fails To Reach A Compromise

Source: [journalog+DNBN]
Translation: jeeelim5@tohosomnia.net
Credit: tohosomnia.net

shared by AiNoSaranghae

Final Written Official Stands Submission

According to officials about the recent exclusive contract conflict issues against SM Entertainment (SM) involving 3 TVXQ members Jaejoong, Junsu, and Yoochun, both side will need to launch the final written official stands as for today.

The law firm official that is representing 3 TVXQ members on October 12th had a phone call with MtStar News,
“The court told me that today is the last day to submit official stand documents for both parties. So today is the last chance for both sides to strengthen each other side’s defense in written document.”

Seoul Central District Court announced that last August 21st was the deadline of submitting papers required from the 1st hearing that was already represented on last September 11th trial, however due to large documents submission from both sides and time limit pressure, the final deadline to complete the documents was determined as in today.

The official also said, “After the last submission of official stands document today, sooner or later the court’s decision of unfairness long term contract matter will finally be released.”

The three members of TVXQ filed a disposition application to terminate exclusive contract effect to Seoul Central District Court on July 31st against SM Entertainment. To verify income information, there is evidence preservation application that has been confirmed needs to be submitted.

However in this case the leader U-Know Yunho and the youngest Choikang Changmin did not participate.

source: mtstarnews
trans: sharingyoochun@wordpress

TVXQ vs. SM Entertainment Final Decision

The legal battle regarding unfair contracts between team TVXQ (Youngwoong Jaejoong, Micky Yoochun, Xiah Junsu) vs. SM Entertainment is slowly coming to an end.

The court had ordered SM Entertainment to turn in all financial documents by September 11th, 2009 (today in Korea). Upon review of these documents, a final decision is to be made.

The court has stated that this will be a final judgment and that both parties will not be returning for a retrial, once a decision is made.

SM Entertainment stated:

"After turning in all documents by the 11th, there is nothing more for us to do than await the courts final decision. As of now, we have no idea when a decision will be made by the courts."

Stay tuned for more developments.

TVXQ vs SM Debate at Court

◇ Exclusive contract .. “lifetime contract” vs “for overseas expansion”

DBSK side: “Other famous agencies only have 5-7 years contract with their artists, in coherence with Korea Fair Trade Commissions which allows maximum 7 years for exclusive contact period, not as many as SM which lasts until 13 years.”

“Most idol singers’ active period is during the prime of their life. Therefore 13 years contract can be viewed as a lifetime contract.”

“In addition, if they terminate the contract during half way period, the penalty of sum of total investment and loss will cost up to 100 billion won which is the long term contract device to not allowing the artist to escape.”

SM side: “We already made several times modifications at the contract, in each and every points FTC can not accept. Also, if the artist wants to go international, they can’t choose but to have a long term contract.”

“We already had plan in our hand to do S.E.S record expansion with Japanese famous label back then, but it’s failed since they couldn’t take SM exclusive contract.”

“BoA, Kang Ta, and other artists engaged in overseas activities have exclusive contract period for 15 years. In order to get a result for overseas activities, we need a long period of time, we cant help it.”


◇ Revenue distribution .. “it should be proportional to income” vs “They’re agreed facts”

DBSK side: “The three members think that they do not get distribution revenue fairly to their proportional income. We respect SM business secret, but we also demand an exact calculation data about the income.”

SM side: “We released settlement data about each member publicly every six month. In fact, last February, all 5 DBSK members’ parent had signed the settlement and made an agreement about the contract.”

DBSK side: “The three members are still young men and don’t even know the content of settlement they had just signed. When our lawyer asked for re-statement of accounts, with reasons that it’s secret, the company refused to provide the data. Later on, SM only invited the members without any legal companion to look and talk about the data.”


◇ Cosmetics business .. “a common example,” vs “the nature of the case”

The lawyers of DBSK’s 3 members refused to make further comment about cosmetic business which is believed by SM side to be the nature of the case. “They do not put big investment in the cosmetic business and it’s a common incidental income among artists to have. We did not feel that money was the problem in this lawsuit so we did not talk about it on its own.”

SM side: “But the 3 members who applied this case are all the owners of cosmetic business. It proves that this is the main reason of this case.”

“As cosmetic business owners, the members will expose their image in to any events held, as well as in the homepage. And it’s considered as violation to the exclusive contract. SM should ask them to self-control regarding such kind exploitation because it has possibility to decrease the shock (exclusivity) of DBSK overall images.”


◇ DBSK will continue….

SM side: “Through this lawsuit, we hope to resolve any misunderstandings with the applicants (3 DBSK members), to deepen trust therefore we can together lead the future 2nd Korean wave. The star and agency, we want to grow together as their companion.”

“We have unlimited affection to the applicants and right now we’re seeking a long-range plan vision to debut them in Hollywood, United States. We hope this case can be resolved.”

DBSK side: “If you look at Shinhwa, although each member is in a different agency, they still perform as one group and the three members, even if they move agencies, do not wish to disband. As TVXQ, they don’t want any separation among the members.”

“The three members have a deep feeling towards SM, but they’re ready to accept any possibilities this case might leads in the future.”





source: star.mt.co.kr
summarized trans: sharingyoochun@wordpress
Shared by : DBSKnights + Honey_KizZ + Sharingyoochun + AiNoSaranghae(ANS)

haiZzzzz ... SM is where DBSK started./// for me it dosent matter if they changed agency as long as it is still dbsk!.. but is better if they stay in SM, its where it all started.

but SM SHOULD REALLY JUST REVISED THE CONTRACT!.... and wht's wrng wid just revising the contract!... MONEY is a nessicity nut where are talking abt HUMAN LIFE HERE, plus HUMAN NEEDS, and THEIR RIGHTS to whatever they work hard for. a equal distribution in profits!!! ....

be fair!!!!

Court Accepts TVXQ's 'SM Preservation of Evidence' Form

On July 31st, three members of TVXQ, Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request Form, and the Seoul Central District Court has accepted the three members' Preservation of Evidence Request.

The Seoul Central District Court has accepted the three members' Preservation of Evidence Request that they submitted on the 5th earlier this month through the Sejong Law Firm. This request was for the preservation of all receipts, transaction slips, account books and such to calculate the exact amount of TVXQ's income.

It has been found that the Court demanded that SM hand in all documents relevant to this lawsuit.

Source: [no cut news+DNBN]
Translation credits: jeeelim5@iscreamshinki.net
Shared by: iscreamshinki.net
Do not remove/add on any credits

Mel's note: What can I say? Justice is sweet.
Now SM needs to give all the legal documents soon and soon enough, we'll know who's lying and who's not.

"Always Keep the Faith"