Showing posts with label tvxq lawsuit controversy. Show all posts
Showing posts with label tvxq lawsuit controversy. Show all posts

JYJ-SM Come To An Agreement: SM “It Was For The Best”, JYJ “A Battle That Had Already Been Won”

Wednesday, November 28

The legal dispute between SM Entertainment and JYJ (Kim Junsu, Kim Jaejoong, Park Yoochun) has finally come to an end through an agreement after three years and four months.

According to judicial circles, SM Entertainment and the three members of JYJ came to an agreement on the 28th to settle the termination date of any and all contracts between the two parties as the 31st of July, 2009, the date that JYJ filed their injunction of nullification. Also, it has been found that they have decided to drop all related lawsuits and have signed an agreement stating that they will not interfere with any activities that the other party pursues.

SM Entertainment said, “The trio stated that they have no intention of performing as members of the group ‘TVXQ’, so SM has come to the decision that we no longer have a reason to be in charge of management for the trio. We have come to a mutual agreement to not interfere with the other party’s activities as our paths will not cross in the future, and the lawsuit has come to an end through this agreement. Also, we have come to the decision that the best course of action was to end this lawsuit to ensure that there will be no more additional damages or unnecessary issues that arise because of the lawsuit that may harm U-Know Yunho and Choikang Changmin, who are currently active as ‘TVXQ’.”

CEO Baek Chang Joo of C-JeS Entertainment stated, “We believed that this was a battle that had already been won three years ago when the courts accepted our injunction. To be honest, we don’t believe that there will be much change to JYJ’s activities after the verdict because the interference of JYJ’s activities isn’t a legal issue, but a battle between David and Goliath.” He also added, “We are currently walking down a path that only JYJ could take, and we will continue to pursue our own activities, as planned,” and “We hope that the success of this agreement will rectify the various limitations placed upon JYJ that used the lawsuit as an excuse, and we would like to once more sincerely thank the domestic and international fans who have given JYJ their unwavering support from the start.”
Source: [Nate News]
Translated & Shared by: dongbangdata.net 
Shared by: AiNoSaranghae + DBSKnights

JYJ Kim Jaejoong, “I Miss Yunho And Changmin Too!”, Garnering Fans’ Concerns‏...

Friday, February 10

Image and video hosting by TinyPic

JYJ Kim Jaejoong expressed his feeling of missing for U-know Yunho and Choikang Changmin who have been active together as TVXQ and this garnered fans’ concerns. Kim Jaejoong wrote on his Twitter on the 26th, “I don’t know if I can say such words or not… I miss Yunho and Changmin too.”

Kim Jaejoong, together with Kim Junsu and Park Yoochun, filed a lawsuit against their company SM Entertainment in July 2009 for invalidity towards their exclusive contract and from then on, TVXQ’s activities were halted. The trio formed JYJ and is currently active as one. U-Know Yunho and Choikang Changmin continued their activities as TVXQ and released a new album.


The lawsuit is still in progress and during this period of time, the members who are on different sides have been suppressing their speech on this.

In such circumstances, Kim Jaejoong displayed his deep feelings for the two TVXQ members and the reason behind it attracted attention. Kim Jaejoong said, “No matter what anybody had said, they are my members as I know them better than anybody else. Although I don’t know if people would deemed this as unnecessary talk, it’s been so long and I really miss them.”, expressing his own thoughts.

Kim Jaejoong’s talk on U-Know Yunho and Choikang Changmin was naturally displayed during his talk on other JYJ members.

To this, netizens commented, “Of course (he) will miss (them), and could only miss…”, “TVXQ Forever”, “When you miss them, just say that you miss them. This is good.”

source: sportschosun
credit: amouryoonjae
trans by: rachui@sharingyoochun

‘Palm News’ to reveal proof of SM Entertainment’s obstruction of JYJ’s activities?

Saturday, December 24



On December 22nd, journalist Lee Sang Ho revealed that he would be showing proof of SM Entertainment‘s obstruction of JYJ‘s activities for the very first time through Palm TV‘s ‘Lee Sang Ho’s Palm News‘.

Representatives of the show stated, “For the past 14 months, journalist Lee Sang Ho will be exclusively unveiling the investigations by the Fair Trade Commission. Officials of the FTC have been investigating SM Entertainment since March, and results show that there was indeed proof of the obstruction of JYJ’s activities, as well as a fine of several hundreds of thousands in penalty being processed.”

The show is expected to include an exclusive interview of Jung Hae Im, the first official figure to lead the investigations into SM’s 13 year contracts and minimize them to seven years. Jung is once again at the forefront of the recent issue with the FTC.

The chief of the FTC, Lee Tae Hwi, however, revealed through Star Today that this was not the case. He stated, “I do confirm that there are current investigations being done regarding the issue with SM and JYJ, but we have yet to lay down a fine worth the amount they claim. I also find it difficult to reveal the details of our investigations at this point, and promise to release an official statement once things begin to materialize.” 

The episode will broadcast on December 22nd at 6 p.m. KST.


Source + Photos: Newsen via Daum, Star Today via Naver


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JaeChunSu - It's Still Negotiable With SM

Tuesday, November 17

Dong Bang Shin Ki members, Hero JaeJoong, Micky YooChun and Xiah JunSu, have indicated on the 13th of November that, "The reason for the refusal to perform at the ShenZhen Mirotic Concert is because SM refuses to reveal the contract details."

The representative of the 3 members stated, "SM only announced the ShenZhen concert schedule after they have filed the lawsuit" and that "The members requested for SM to reveal the contract details regarding the concert but SM refused ; That is the reason why the members decided not to attend the concert at ShenZhen."

He added on, "ShenZhen Mirotic Concert was not on the tour list originally, that's something the fans are aware of."

He also revealed the possibility of reconciliation, "It is not that they (JaeChunSu) do not wish to work with SM anymore," "There is still a possibility of reconciliation, but only when their issue with the income part of their contract are settled."

Source: Asiae + OhMicky
Translation: sshutingg @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

link to asiae: LINK

Contract Controversy, Will SM Ent. Change Stance?

Monday, November 9


At the press conference, SM representative Kim Young Min stated, "If the law or the government sets new standards for exclusive contracts, we will actively follow these."


"If the law sets new standards for exclusive contracts, then we will actively follow these standards."
SM Entertainment, which is caught in an unlawful contract controversy with one of its celebrities,is garnering attention for saying that as long as the law sets or a public organization authenticates the standards for exclusive contracts, the agency would be actively willing to follow such standards.

At the press conference at the 63 Building in Seoul on the 2nd, SM representative Kim Young Min stated, "We would like the political offices related to this industry such as the Ministry of Culture, Sports and Tourism, the Fair Trade Committee, and National Assembly to come together to create new standards for exclusive contracts that will be set by the law or have public organizations authenticate the standards so that these standards are accepted by the law." He also stated, "(If the standards are made in such a way,) SM is actively willing to follow these standards."

Kim continued on by promising that, "If these new standards are accepted by the law, SM will change all of its contracts with its artistes to adhere to the new standards."

Kim also said, "Unless there are contract standards that protect the people involved by law from the time the contract is made until the contract is terminated, and unless such standards are followed, the confusion that is happening currently will only repeat itself."

"If they don't want their words to be empty words, they must secure their sincerity... Follow the recommendations from the Fair Trade Committee first."

But organizations and the public are split over what SM has said. Professor Lee Dong Yeon of the Korean National University of Arts stated, "For SM's declaration to not become empty words, they must prove their sincerity." Professor Lee also stated, "If we go by SM's theory, the current recommendations set by the Fair Trade Committee can be ignored as they do not have legal forced upon others, and SM would follow the news standards if they are legally forced upon the agency. This statement makes one suspicious of the agency's sincerity." Professor Lee also said, "If SM really has the thought of doing what they said they would, then they should adhere to the recommendations of the Fair Trade Committee first and then follow any new standards that are set by the law."


"There is a need to work on respecting the rights of celebrities as well as an effort by the agency to change."


SM Entertainment's President Kim Young Min stated at the press conference held on the 2nd that, "SM has changed clauses regarding compensation and contract period three times in 2002, 2007 and 2008 with the corrective actions and recommendations of the Fair Trade Committee," and "It is absurd to say that such a contract that has been fixed numerous times is called a 'human rights violating,' 'slave contract' and 'antisocial contract'."

However there is retaliation to his statement that says, "If a contract that has been changed three times is in such a state, one can surmise just how bad the original contract was."

After the press conference, one fan said, "Although the root cause of this dispute is the unlawful contract and unfair treatment of the group, SM keeps attempting to draw people's attention away from the root cause," and "I want to ask them if they themselves think that the current contract is really fair and just."

Representative Kim Myung Shin of the Culture Yeon University stated, "There is a need to work on respecting the rights of celebrities as well as an effort by the agency to change," and "The agency itself must work to move our entertainment industry away from the perpendicular relationship it is in."

Representative Kim also said, "A large agency such as SM has the responsibility to set an example as it greatly contributes to mass culture in Korea," and "I hope they show us a mature side that sincerely thinks over this situation and accepts their responsibility to further the development of the Koran entertainment industry."

She also said, "I hope this dispute does not stop as an argument between a large agency and its celebrity, but moves on to be a stepping stone towards a better management system that protects the rights of celebrities, creates fair contracts and has transparent income division."

There are voices that say that in order for these wants to become reality, both the agency and the celebrity must come to a compromise that suits both sides.

Professor Lee stated, "In the view of the agency, it must stop seeing its celebrities as mere tools or products and must engage in a parallel and equal relationship. The celebrity must move away from thinking of personal profit and must think about improving the cultural content of the nation."



Source: [oh my news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
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CreaBeau speaks out on TVXQ Issue

Wednesday, November 4

CeaBeau speaks out on TVXQ Issue

It seems we finally have word from the company that seems to be tangled in this mess.

When the TVXQ / DBSK / Tohoshinki controversy first began, the three members and their lawyers clearly stated that the three members’ investments in the CreBeau cosmetics line did not have any relevance to the court case. The core of the controversy was the legal issues of the slave contract. In SM Entertainment's opening statement, they stated that the lawsuit was because of the cosmetics issue.

To clear up the confusion, Kang Suk Won, the President of the Korean branch of CreBeau (Wishop Plus) was interviewed. Kang has already sued SME’s CEO Kim Young Min for slander to the Seoul Central Court on October 4th, 2009.

Kang said, “Although this case is obviously to fight the unfair profit splits and the conflict between the members and SME, SME is trying to push the blame onto CreBeau.”

Kang went on to reveal that the three members have only invested approximately 70,000 dollars, 60,000 dollars, and 40,000 dollars respectively. This amount, he said, was not enough to earn the three members rights to ownership of the business, let alone a big part of the profit.



Kang said, “In May 2009, some SME representatives visited the original branch of CreBeau Cosmetics in China twice. They determined that the members were not going against contract terms in any way, and now SME is distorting the true reason behind the case and putting out ridiculous claims... SME said that the whole lawsuit was due to the members’ wanting to continue a business that went against contract terms. This has no credibility in that SME has already approved of the investments previously. The members wouldn’t risk all the things that they gained as TVXQ by creating a conflict with their company over insignificant investments. It was a private investment, and the three have no ownership over the business in any way. They’re merely investors, nothing less, nothing more. What does this have to do with the lawsuit, and why is SME attempting to connect the two together?”

Kang went on to say that SME’s actions have brought about significant harm to the business not only in Korea, but all over Asia, including China, Japan, Hong Kong, Taiwan, Vietnam, and even the United States. For the employees and CEOs all over the world, CreBeau is their sole income. SME should have considered the impact its blames would bring to the business and the people involved in it.

“If SME’s company and its profits are so important that they are willing to harm others for it, then SME should recognize that it is the same for others.” Kang went on to say that “If SME does not stop distorting the truth and doesn’t apologize for the harms it brought upon CreBeau, I will not hesitate to reveal the details of SME’s absurd act to the public and to the court.”

Source: Daum Media

credits: Allkpop + AiNoSaranghae

TVXQ’s Income revealed

Friday, October 30

TVXQ

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

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TVXQ will strive to be five again

Thursday, October 29

With the lawsuit still in-progress, TVXQ's three members Xiah Junsu, Youngwoong Jaejoong and Micky Yoochun stated through their aide in the firm, "This lawsuit left out the two members, so as much as possible, we'll try to make it with all five." [omitted]

The three members' spokesperson conducted a telephone interview with the news (yonhap) and said, "Some clauses in the contract are unconventional, and so the lawsuit will start this week," also, "We have started talking to the two members who aren't involved."

Also, he said that "The three members are now able to act on their own, but it's absolutely crucial for the five to be together. That's why all members should be unified in this lawsuit." He added, "The lawsuit not only has its effects on the three members, that's why we're doing what we can for the other two to be involved." [omitted]

Source: yonhap + naver
Translation: ninastruck. @ OneTVXQ.com
Credits: OneTVXQ.com

TVXQ Not Afraid of ‘Disbanding’ Rumours

Monday, September 21


[TV Daily – Jowijinta Reporter]

The leader of Korean idol groups TVXQ, while in the midst of a lawsuit with their company SM Entertainment, still decided to hold their 3rd Asia Tour Concert in Shanghai on the 2nd of October, to show their united charm as five.

Even though the three members are still having the lawsuit with regards to the contract with their company, they have stated, “For the sake of all the fans that have always supported us, we are definitely going to give a complete and flawless performance to repay everyone!”

The concert is estimated to cost 88.5 billion won, which includes all stage equipment, stage tools, sound system, lighting, and flying in from Korea to China. China will sponsor the giant LED screen as background, making sure that the performance can be seen from every corner, to provide the best stage effects.

Recently, Jaejoong and Yoochun are both busy with their new single promotion COLORS ~Melody and Harmony~, which is set to be aired on TV on the 23rd of September and to be officially released on the 30th of September.


Source: withTVXQ
Translation: sshutingg @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

TVXQ Vs SM, Conferences To Reach An Agreement Break Down... The Decision Will Be Made This Month

Thursday, September 17

The decision regarding the legal dispute between three members of TVXQ and SM Entertainment will be made this month.

TVXQ Xiah Junsu (Kim Junsu). YoungWoong Jaejoong (Kim Jaejoong), Micky Yoohun (Park Yoochun) and SM Entertainments conferences to reach an agreement have broken down altogether.

In a phone conversation with Newsen on the 15th, the Courts stated, "Both sides submitted all relevant documents by September 11th. Both sides are not willing to back down from their positions so a mutual agreement doesn't seem likely to occur any time soon," and "After all the documents have been read and examined, both sides will be told of the results. We are not certain, but the decision will be made this month."

TVXQ's three members have been waiting for the verdict since September 11th when they submitted all documents relevant to the exclusive contract suspension request they filed against SM Entertainment. At the hearing, the Courts stated, "We will end the hearing for now and both sides must submit all relevant documents by September 11th which is in three weeks. We will examine these documents and come to a decision."

An SME representative stated, "After submitting all documents in by the 11th, there is nothing we can do but wait. We do not know when exactly the verdict will be given."


Source: [newsen+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

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Fan Shows TVXQ Support on Music Bank

Saturday, August 29

TVXQ Pictures, Images and Photos

Always keep the faith Pictures, Images and Photos

Last evening, most eyes were on MNet's annual 20s Choice Awards, but today, netizens are abuzz with a fan message supporting TVXQ in the lawsuit controversy that aired on TV!

On last night's episode of KBS's Music Bank, fans were anticipating the return of Jewelry, excited about G-Dragon's first Heartbreaker victory and got a surprise dose of TVXQ to go with it in the form of a placard from one of the audience members. As the Brown Eyed Girls wrapped up that night's performances with 'Abracadabra', the camera panned over the audience, lingering on an "I believe in TVXQ" sign for two seconds. This has caused a great deal of talking amongst netizens.


Cassiopeians are really like no other - this is only one example of the support they've been giving their beloved group these past few weeks. As many of you know, fans collected signatures for six days (August 12-8), then submitted them in the form of an offline petition earlier on the 28th (1:30PM) to the National Human Rights Commission of Korea with a whopping count of 121,073 signatures. On the 20th, these signatures were also submitted to the Seoul District Courts. This petition expresses the fans' outrage against SME's so-called "13-year slave contract", including a claim that this exclusive contract is a violation of basic human rights and reveals the dark, corrupt side of one of Korea's top entertainment agencies.



To be honest, I'm not sure whether to admire, be intimidated or worried about these fans' iron devotion for TVXQ. Regardless, we hope this controversy can be resolved soon so that their activities can fully resume!

Thanks to kimmey_09, kpoplover and YunhoGirl23 for the petition tips!
and to allkpop for the news
 
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