[NEWS] 101015 SM Puts More Pressure on Former TVXQ members

SM Entertainment continues to disrupt the debut of the three breakaway members of TVXQ, one of Korea’s most popular boy bands. JYJ is comprised of Jae-joong, Yu-chun and Jun-su.

On Oct. 8, SM Entertainment filed an injunction with a Seoul court to stop the release of “The Beginning,” and filed a suspension on exclusive contract with C-JES Entertainment.

C-JES Entertainment is a Korean agency that is now managing JYJ. SM Entertainment recently complained, saying that signing a contract with C-JES Entertainment amounts to holding an unfair double contract.

SM Entertainment also continues its attempt to stop JYJ’s debut in other countries. Sports Korea recently reported that SM Entertainment has sent files of complaint to the head quarter in United States of JYJ’s distributor, WarnerMusic Korea. “The Beginning” is recorded entirely in English and is supposedly to be released in several countries worldwide.

The Korean Federation of Pop Culture and Art Industry has sent letters to TV stations KBS, SBS and MBC and cable network Mnet, and Korean online music sites and asked them not to allow JYJ to appear on their shows and sell the digital albums.

However, Korean online music sites defied the letter and released the digital copies of JYJ’s “The Beginning” album on Oct 14. The songs in the album entered the top 10 on real-time music charts.

This coincidence is a greater source of despair for JYJ members, as they had to cancel 500 albums reserved before their showcase on Oct. 12. Since their showcase, Korea Sports has reported that there were absolutely no signs of JYJ’s on any television channels.

JYJ previously planned to have showcases in other countries to meet their worldwide fans for their debut. However, an ongoing dispute with SM Entertainment over legal issues related to their contract; it might take a while before the trio can perform without restraints.

(Herald Online) 　

Edited by Rob York

Credits: Korean Herald
Shared by: DBSKnights

[TRANS] 101014 JYJ Side States, "The Label Company Will Respond To SM's Legal Actions"

Regarding SM Entertainment's album sales prohibition injunction filed against JYJ's new album, JYJ's side has stated, "We are not planning any particular response to it as of now."

JYJ's representative, in a phone call with SSTV on the 14th, stated, "We have no intention of responding to the injunction right now, and this is a problem the label company will respond to," and "We will keep a close watch on how the label company and SM Entertainment will resolve this issue."

SM revealed on the 13th that they filed an exclusive contract suspension and album sales prohibition injunction to the Seoul District Courts on the 8th against JYJ, CJeS and JYJ's worldwide album 'The Beginning'.

SM's reason is that, "By releasing their albums through CJeS Entertainment even though the verdict has not been made on their lawsuit, there is a high possibility that this may lead into an unexpected third party legal dispute." The exclusive contract lawsuit between the members of JYJ and SM Entertainment is still yet to be resolved.

The Korean Federation of Pop Culture and Arts Industry (KFPCAI) has also stepped up to support SM's stance. Through an official notice to all broadcasting companies, label companies and online music distribution companies, the KFPCAI called for such companies to refrain from allowing JYJ to appear on their shows and even from cooperating with JYJ with their activities.

Regarding this, JYJ's representative was careful with his words and did not say much as he stated, "We are not releasing an official response to the injunction or the KFPCAI's actions for now but we will keep a close watch on everything."

(omitted)

Source: [sstv+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[TRANS] 101013 SM Files for Temporary Injunction Against Sale of JYJ's First album

Jaejoong, Yoochun, and Junsu, the trio from TVXQ who formed a new group JYJ, will have to put a brake on their activities. SM Entertainment (henceforth SM) has filed for a temporary injunction to put a ban on the sale of JYJ’s new album 「The Beginning」.

On the 13th, an official from the legal circle clarified, “On SM’s part, they have filed for a temporary injunction with the courts to put a ban on the sale of JYJ’s worldwide album 「The Beginning」, which is waiting to be launched.” The official continued to say, “The reason (for this injunction) is because the issue of the exclusive contract between SM and JYJ and the conflict stemming from it have yet to be resolved. The results from the court decision will have a huge impact on JYJ’s activities.”

Since the end of July last year, JYJ have been at opposing ends with SM over issues like their exclusive contracts. As a matter of fact, currently, the trio are doing their solo activities and kicked-off their 「JYJ Worldwide Showcase」 on the 12th, at Hwajeong Tiger Dome, Korea University, Anam-dong, Seoul.
Source: [JoongAng Ilbo]

Translation Credits:mandasoh@tohosomnia.net
Shared by: tohosomnia.net

[NEWS] 100922 Super Junior, BoA, SHINee, f(x) reveals behind the scenes of SM Town LA on MBC ‘Day of Good Mood’

Boa – Super Junior – Shinee – f(x) and artists from SM Entertainment reveal behind the scence of SM TOWN concert in LA in the program ‘The Day of Good Mood’

What happened to BoA, SNSD, Super Junior, SHINee, f(x) in the aircraft charter for SM TOWN LA?

September 24th, MBC ‘The Day of Good Mood (기분좋은 날)’ will take fans to sit on the aircraft together with the artists of SM Entertainment and show behind the scenes of the trip to LA for SM TOWN.

Leeteuk and Yoona are the MC of the live update in the aircraft to make it more fun, while Eunhyuk, Heechul and Kyuhyun slept immediately after sitting on the plane. Besides, Kangta and Kim Minjong acting as special stewards for take care others too.

Sunny was playing game, Seohyun was organizing her schedule while Sooyoung was watching movie. Tiffany was reading a book. We can see that everyone has many different activities on the plane.

The star of Asia BoA has shown her charm on the stage at LA Staples Center with so many warm loves from her sister and brother in SM family. Boa said ” In the future, I wish I can have self-discipline”. On that day all others have a party to celebrate 10th anniversary or Boa and also 15th debut for Kangta.

For Tiffany, she looks very happy because she haste her family which is living in LA before Chuseok. Sungmin said “I wanna change a wallet for my mom” He said and prepare the special gift. Yunho said before appearing on stage that he wants to meet his younger sister.

This program will broadcast on 2010, September 24th at 7.30am KST

Credit: PINGBOOK ENTERTAINMENT
Translated by: mook_yeye
PLEASE TAKE OUT WITH FULL CREDITS
shared by kokoro9kyu@chokyulate.net

[TRANS] 100522 Cassiopeia, SM and DBSK’s Trio’s “Plea for Reconciliation Signature Campaign”

The “Plea for Reconciliation Signature Campaign” among Cassiopeia, DBSK’s Micky Yoochun, Xiah Junsu, Youngwoong JaeJoong and SM Entertainment (otherwise known as SM) has officially begun.

A DBSK fan from Japan spoke on the afternoon on the 21st on minitoday star news, expressing that, “For the DBSK whom we have cared about and supported so much, the online signature campaign asking for a negotiation of settlement between DBSK’s trio and SM has begun.”

The association also mentioned, “With an 80,000 strong fan club membership, and such a large-scale fan daum, when faced with the crisis of a sudden dissolution of DBSK, nothing brings more anguish to the fans than this issue. We hope the three members and SM will be able to settle their differences and have a successful negotiation, so that DBSK’s activities can resume.”

There are the Korean, Japanese, Chinese and English versions on the website of the signature campaign. This campaign is not just limited to local fans in Korea, but international DBSK fans are also allowed to participate!

This campaign was started based on the unconditional trust placed upon the numerous fans of DBSK, along with a minority of fans who may have a different thinking and opinion.

The purpose of initiating this campaign is not to ask for a termination of the contract of the three members, but to get them and SM to coordinate for a more sensible solution.

In addition, based on the first public trial between the three members and SM company held on the 7th, if both sides still remains unchanged in their stand, the differences between them will still not be resolved.

DBSK’s three members had submitted an application of deposition to the Seoul Central District Court on 31st July 2009 regarding the termination of the exclusive contract with SM.

Furtheremore, the following part of the decision cited the Department on 27th October 2009 that “SM is not allowed to stop DBSK’s activities unilaterally. SM’s objection regarding the solo activities of DBSK was also rejected.”

T/N: The website for the online campaign was not included in this article.


Source: StarNews + Hey!JJ
Translation: kimuchi3005 @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

[TRANS] 100519 SM's Application To "Enhance" "Dong Bang Shin Ki" As A Trademark Has Been Withdrawn

SM, the company which manages DBSK, has been informed about its withdrawal regarding its trademark application for the name "Dong Bang Shin Ki".

SM, who had applied for the trademark application for "DBSK" to the Patent Office in August last year, later withdrew their application towards the end of the year.

A SM spokesperson cleared the issue with Newsen on the 19th over the phone, stating that "it is a fact that we withdrew the trademark application for the name "DBSK" late last year" and "[we hereby also] announce that the enhanced document is also withdrawn.".

While the trademark application is currently cancelled, one cannot rule out the possibility that SM might once again apply for the enhancement of the trademark name of "DBSK".


Source: Newsen + baiduTVXQ
Translation: kimuchi3005 @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

[NEWS] 100513 SM Entertainment Records Biggest Q1 Profit

SM Entertainment (SM) -- considered one of the top three talent agencies in Korea alongside YG and JYP Entertainment -- saw its most successful first quarter this year, recording the biggest profit the company has ever seen.

According to a press release issued by SM on Thursday, the agency recorded operating profits of 10.4 billion won from January to March this year, up an astounding 471 percent from the same period last year when the total operating profit for the entire year had been 9.3 billion won.

SM's total sales during Q1 was also reported at 22.7 billion won, indicating a growth of about 58 percent for the company.

The increase can be attributable to the success of many of its artists including idol groups Super Junior, SHINee, f(x) and Girls' Generation. With SM-trained pop groups gaining more popularity throughout Asia, the agency is raking in more profits from the their album sales, overseas activities and royalty fees.

SM said that it is expecting the second quarter to be equally successful business-wise since its singers are scheduled to release new records and hold concerts in Asia. In addition, the company is preparing to put out various digital content products such as a digital album for smart phones.

Founded in 1995 by former singer Lee Soo-man, SM quickly became one of the most influential talent agencies in Korea. Lee, who stepped down from SM's board of directors in February, has created and masterminded the successful careers of numerous K-pop artists including BoA, Fly To The Sky, H.O.T. and TVXQ.

SM also manages many songwriters, music producers, comedians and actors including Ara, Choi Jung-yoon and Lee Yeon-hee.

Reporter : Lynn Kim lynn2878@
Editor : Jessica Kim jesskim@
<ⓒ10Asia All rights reserved>


Source: Asia Economic News
Shared by: OneTVXQ.com

[TRANS] 100513 Yunho and Changmin To Attend A Media Conference Held by James Cameron, Samsung Electronics and SM

SM Entertainment Company will be working together with James Cameron, the creator and director of Hollywood blockbuster, Avatar, and Samsung Electronics on a series of 3D-related production (including movies, music and other tools of commercialization). SM, Cameron and Samsung Electronics will hold a combined conference regarding the expansion of 3D-related content on the 14th at Samsung Electronic’s multi-purpose hall located in Seocho-dong, Seoul.

Other than the SM production team, BoA, Yunho, Changmin and other artistes will also attend the conference.

On the other hand, James Cameron, who arrived on the 12th with his wife for a 3-day schedule, will return to Los Angeles on the afternoon of the 14th after concluding his schedule for the “Seoul Digital Forum”.


Source: baiduTVXQ + Joins Bang Song
Translation: kimuchi3005 @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

[NEWS] 100329 Lee Soo-man Gives Lecture at Harvard Business School

Korean entertainment mogul Lee Soo-man gave a lecture at Harvard Business School over the weekend, according to his company SM Entertainment on Monday.

SM explained in a press release that Lee spoke about the entertainment industry as representative of Asian showbiz market and "keynote speaker" at the Asia Business Conference, held Saturday at Harvard's Burden Auditorium.

The singer-turned-entrepreneur talked about the changes in the entertainment business in Asia during his lecture titled "Don't try to cut your ears!", referring to how legendary artist Vincent Van Gogh cut off his ear and stating that the painter could have created even more influential art if he had not done so.

He also emphasized the need for a new educational system to foster the growth of the human resources for the rapidly changing future, saying that "extraordinary talent who thinks in uncommon and abnormal ways" should be nurtured as leaders.

Lee is said to have received a big applause from some 700 attendees at the event, which was the 19th annual business conference sponsored by the Asian clubs of Harvard Business School, Harvard Kennedy School and Harvard Law School.

The Asian clubs focus on inviting prominent figures in Korea, China, Japan and other Asian countries to give lectures on the financial and political aspects of the business world.

The producer has given lectures at Harvard for three consecutive years, from 2006 thru 2008, and was also invited to MIT Sloan School of Management and Johnson School at Cornell University, where he spoke about "The Global Strategy of Hallyu" in 2008.

Lee, 57, started his music career in the 1970s as a singer of Korean pop band April & May and released his first of several solo albums in 1983.

He established SM in 1995, which quickly became one of the most influential talent agencies in Korea. He has created and masterminded the successful careers of numerous K-pop artists including BoA, Girls' Generation, SHINee, Super Junior and TVXQ.

Reporter : Lucia Hong luciahong@asiae.co.kr
Editor : Lynn Kim lynn2878@asiae.co.kr
<ⓒ10Asia All rights reserved>


Source: asiae.co.kr
Credits: OneTVXQ.com

[ALLKPOP] 100304 SM Entertainment Officially Investigated for Unfair Contract Terms

Korea’s Fair Trade Commission (KFTC) has announced that they are currently investigating all celebrities bound to SM Entertainment regarding unfair contract terms, suggesting that “a second TVXQ scandal” like event may occur.

According to One Nation’s Jo Moon Hwan, it was revealed that KFTC is investigating cases of unfair contract terms in SME idols such as TVXQ (including Junsu, Yoochun and Jaejoong who are currently in legal disputes with their management company), SNSD, Super Junior, etc. for a total of 53 SME celebrities.

Jo Moon Hwan stated that the question and answer document received from KFTC specified investigations for all SME affiliated individuals for reasons related to a delay in taking care of TVXQ’s legal case. KFTC expressed, “Through this event all celebrities in SME will undergo investigations to see if their contract terms go against the law of established fair contract terms, which is why TVXQ’s legal dispute is being delayed.”

Additionally, the commission said regarding TVXQ’s case, “All related documents will be carefully reviewed and considered for an appropriate outcome,” not revealing at what point the case would be over.

As you readers know, SM Entertainment has recently experienced many difficult trials as three members in TVXQ and Super Junior’s Hankyung underwent legal battles for problematic contract terms such as its 13 year length and unfair distribution of album sale profits.

Signing unfair contract terms with its employees is not only SME’s problem. Last December, KFTC requested 407 large agencies to address unfair contract conditions and undergo investigations. However, one month after this request was issued (until January) only 11 agencies reported their conditions and decided to take prompt corrective action measures, giving a huge shock to KFTC.

From April to May, YG Entertainment and Star Entertainment were also investigated along with 20 other companies. The results? 19 companies with 230 celebrities were found with contracts made up of various unfair conditions. These conditions were not about appearance limits but rather about the celebrity’s individual affairs such as telling agencies their current location and not being able to leave.

This investigation will concentrate on protecting weak celebrities who are powerless to request their affiliated large agencies for protection rights that they deserve.

Stay tuned to allkpop for more activities of KFTC regarding their investigations on SM Entertainment and other companies!

Source: Allkpop.com
Written by: SWEETREVENGE
Shared by: kurumi@shinkifive

[TRANS] 100106 Three Options for TVXQ by My Daily

(T/N: Please keep in mind that this is just an article by MyDaily Korea. The three options are NO ONE's official stand, but only options that are viewed by MyDaily to be possible endings for TVXQ's legal case from all the facts/rumors gathered)

This article is also at dnbn (for you loyal dnbn followers), but still in private mode, or maybe will be deleted

(An excerpt from article MyDaily Korea)

Ever since 3 TVXQ members Jaejoong, Yoochun, and Junsu filed an application disposition to terminate their exclusive contract effect, the future of TVXQ is not yet resolved. For all TVXQ fans who wish the group not to be disbanded, this ongoing period is sure a stuffy situation.

However from the recent happenings about this group, seems that there are three possible choices TVXQ may needs to choose in the future.

1. The expiration contract with AVEX in following June and a farewell concert which will be their last concert both in Japan and Korea (we all know the farewell concert is from Sports Nippon article. MyDaily also put the official stand from both AVEX and SM which denied this, but to see the fact TVXQ contract does actually expire in June, this option is seen as possible).

2. Since now the name of Dong Bang Shin Ki is owned by SM, so there’s a chance that the group will continue to work separately as 3:2 team in Korea, however for activities in Asian market including Japan, they’ll team up as five members to work together.

3. The option that most of TVXQ fans wish, having a final reconciliation and a dramatic agreement.

Since SM Entertainment has always been saying, “We want the 3 TVXQ members to return, and let’s having a frank talk together.”, there’s always a chance for both parties to be able to form an amicable settlement before any legal decision shall be made. This is indeed what the fans desperately wish for.

Note from editor: sorry for my laziness to translate the whole article, I’m too sleepy… but this is the main point.

Source: MyDaily
Summarized translation: sharingyoochun.net
Shared by: OneTVXQ.com + DBSKnights

[TRANS] 100101 TVXQ to Disband Officially? SM, "Groundless rumors"

Japanese press reports on TVXQ officially disbanding have shocked many fans.

On the 1st, Sports Nippon reported that "Korean band TVXQ is disbanding at the height of their popularity". It also reported that the relationship between SM and Jaechunsu has soured and it is impossble for the two to reconcilliate. They've now gone into discussions to disband the group.

This news hit the main page of Yahoo Japan's entertainment news, showing TVXQ's great popularity in Japan. TVXQ attended the 60th NHK Kouhaku Uta Gassen on the 31st

Sports Nippon reported that although TVXQ stood on stage together that day, the relationship between the 3 members and the other 2 didn't seem good; and although they share the same dressing room, they go back to Korea on different flights.

It also claimed that the single to be released on the 27th will be their last single and they'll release a best collection album on the 17th next month.

SM Entertainment's reponse to the report was "Those are groundless rumours' 'We didn't start any procedures for an official disbandment' A representative said "We haven't decided on our future plans for TVXQ"

Source: STARNEWS + Yahoo! Korea
Translation: sparkskey @ omona_prection
Shared by: OneTVXQ.com

[TRANS] 091223 Not Just Hangeng, But 6 Other Member of SuJu Also Filed a Lawsuit

(rumor)

Date: 2009.12.23
Time: 14:41

T/N: This document is a request from Hangeng's lawyer to ask for confirmation that the Seoul District Courts received their documents relating to the case.
The Seoul District Courts confirmed that they received it. - jeeelim5@tohosomnia.net

T/N: I am translating all the Hangeng/Super Junior VS SME articles, as they might become relevant to the JSC case in future.

[Sina Entertainment News] The day before, Hangeng, the only Chinese member of Asia's super popular group, Super Junior, filed for a termination of his "exclusive contract" with SM Entertainment. According to the latest news from Korea, Hangeng is not the only one who filed the lawsuit. Other Super Junior members have also filed a similar lawsuit, and they include: Lee Teuk, Yesung, Kangin, Eun Hyuk and Donghae. The only reason why news about Hangeng was exposed first, is because of his nationality.

According to the lawsuit, Hangeng has not had any rest in 2 years, causing him to suffer from fatigue, which also resulted in chronic gastritis, illnesses related to his kidney, lumbar disc herniation, as well as a visible decrease in body strength. However, SM Entertainment rejected Hangeng's requests for rest, and continued to schedule activities for him, which caused Hangeng to suffer a lot of pain.

According to the contents of the lawsuit, since the time of his debut, Hangeng didn't even have one day of rest per week. For 2 years, Hangeng has continuously done his overseas schedules as well, and had no choice but to continue with his schedules without any rest. In his contract with SM, there are clauses stating that he has to pay the company monetary damages should he be unable to fulfill the schedules arranged for him. Thus, even when he was in poor health, he had no choice but to follow through with his schedules.

Once the news broke out, many fans have expressed the wish for SM and the members to be able to make peace, and make changes to their contracts, as well as expressed hope that Super Junior will not face the threat of disbanding.


Source: [Sina]
Translation credits: mandasoh@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[TRANS] 091221 Exclusive: Hangeng Files For Termination Of Contract With SM

T/N: Translating this because it might turn out to be relevant to the TVXQ case in the long run.

According to Korean news sources, Sina reports that Hangeng from Super Junior, one of Asia's top idol groups, have applied with the Seoul Central District Court for the termination of his 'exclusive contract' with SM Entertainment. This is another bomb that dropped on SM Entertainment since the 3 members of TVXQ, Park Yoochun, Kim Jaejoong and Kim Junsu filed to terminate their contracts in July this year.

In 2001, Hangeng was chosen out of 3000 participants for the "H.O.T China" auditions held by SM Entertainment based on his looks and talent in dancing. After years of training in singing, dancing, acting, instruments and languages, Hangeng debuted as the only Chinese member of Super Junior in 2005, and became the first Chinese to officially debut in South Korea. In April 2008, he was appointed the leader of sub-group SJ-M and began activities in China. Due to his outstanding work, he played an important role in aiding SM in breaking into the China market.

Amongst the youth and media, Hangeng has very high EQ and speaking abilities, and his 'sunshine' and hardworking image left a deep impression. Before this, there were many speculations, and even expectations, that he might go solo. His lawyer has expressed that the full details of the case cannot be revealed yet. However, according to the informant, it might be because there are interference to his solo work progress, and thus resulted in his unhappiness with SM Entertainment.

Source: [Sina]

Translation credits: mandasoh@tohosomnia.net

Shared by: tohosomnia.net

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[NEWS] 091211 SMTOWN Cancelled, 872 People Requests For Compensation

The number of people who applied for compensation, at the Korea Consumer Agency, for the cancellation of SMTOWN in August have reached 872.

On 10 December, a representative from the Korea Consumer Agency – Court Committee of Consumer Disputes said, “SM cancelled the contract (T/N: Here, the term contract is used because it is a business exchange between the ticket buyers and the company) and this caused the other parties to request for compensation. Adding the 240 people that filed for compensation on 9 December to the 632 people that filed previously, there is a total of 872 people.”

A representative said that a majority of the applicants were youths, and proper proceedings will be carried out after these 872 applicants have been verfied. Due to the dispute SM is having with 3 members of TVXQ, the “SMTOWN LIVE ‘09″ concert that was to be held in August was cancelled.

The Committee estimates that the total sales for that concert amounted to roughly $9,090,000,000 (Won), and the Family Ticket which allowed 4 people to enter together amounted to $143,000 (Won). The Committee will take into consideration that most of the applicants are youths, so the latest the verdict will come out is by next year, and a conclusive verdict will be given then.


source: [Naver News + KB在中家族]
translation credits: mandasoh@tohosomnia.net
shared by: tohosomnia.net
Do not remove/add on any credits

[TRANS] 091210 10,000,000,000 yuan For Lee Soo Man

The biggest and most influential entertainment company in Korea, SM, their biggest shareholder Lee Soo Man receives 10,216,162,250 yuan.

Holding 4,301,524 (26.75%) SM shares, president Lee Soo Man creates a record for company’s stock price increase to 3970 yuan. There was an increase from year’s first trading day’s, January 2nd, 1595 yuan to 2000 yuan, and there is hope to surpass an increase of 10,000,000,000 yuan.

At the same time, SM along with the five member group DBSK’s Hero Jaejoong, Xiah Junsu, and Micky Yoochun are in a legal dispute. This entire year, BoA, SNSD, Super Junior, SHINee, F(x) and other group from this company are active domestically and abroad, so there it is not unusual for this increase.

Source: Naver
Credit:crystal秀晶
Trans: sharingyoochun@wordpress
shared by: DBSKnights

[TRANS] 091203 Interview With TVXQ's Lawyer Lim Sang Hyuk

-Did you know who TVXQ was?

"(laugh) This shouldn't be printed... I didn't know their faces. Before they came, I kept playing their music videos and putting pictures of their faces on my computer screen so that I could memorize their names and faces. I kept getting mixed up between Choikang Changmin and YoungWoong Jaejoong but luckily(?) Choikang Changmin didn't come here."

Meet Lawyer Lim Sang Hyuk who aided three members of TVXQ, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, when they submitted their exclusive contract suspension request against SM Entertainment. On November 25th, this is how the interview began with him as he waved his hand and said, "Don't ask me about TVXQ."

On October 27th, the Seoul District Courts partially accepted the request submitted by the three members. The Courts stated, "SM violated the economic freedom and basic rights of the members of TVXQ through their superior position. There is a high chance that the entire, or parts of the contract will be suspended fully." In words it was 'partial acceptance', and in reality, it signified the loss of the trial of the nation's biggest entertainment agency, SM.

What surprised the entertainment industry more than the Courts' verdict was the fact that the 'provisional disposition' method Lawyer Lim had used had actually worked. A provisional disposition is usually submitted when it is too late to submit a formal trial. A good example would be when the family of the deceased former President Park Jung Hui submitted a a press ban provisional disposition a couple days before the publication of the Glossary of Japanophiles.

-Why did you choose to submit a provisional disposition?

"In the case of celebrity contract disputes, there has never been a single case where the dispute goes to the Supreme Court in the past sixty years. For a formal trial to go to the Supreme Court, it would take 2~3 years but during this period, that celebrity cannot perform in any activities. Everyone starts a lawsuit and ends up giving up halfway through. Had TVXQ gone through with a formal trial, it would have been the end of their career."

Lawyer Lim stated that Sejong chose to submit a provisional disposition, people in the legal circles stated that, 'Sejong has made a mistake.' For a provisional disposition to be accepted, it must fit two criteria. 1. The contract should be nullified. 2. This is a problem so urgent that a provisional disposition is needed before the formal trial. Till now, all of the celebrity contract disputes have been ruled as 'not urgent'.

"We argued that this was a problem that needed to be dealt with immediately. In the case of idol stars like TVXQ, their lifespan is short so we stated that if we were to begin with the lawsuit that lasted 2~3 years, their celebrity career would be over by then. Therefore, the Courts accepted our claim."

Law Lim stated that not even he thought of a provisional disposition at first. "When we first discussed this, we told them 'We will be able to get this contract nullified. However, you won't be able to perform for a while.' This is probably why the two other members did not participate. After we told them that, when we were going through the legal process, that was when the idea came to submit a provisional disposition."

-How can SM retaliate?

"There are many ways. They can submit an appeal or a formal objection, or they can submit an Order of Filing a Lawsuit request which would tell us to, 'hurry up and start the formal trial.' They can also file a lawsuit on the grounds that they believe that the contract is valid. However, they have not done anything yet. We were able to get what we wanted through the provisional disposition. We were able to grant the members freedom to pursue any activity they wanted and stopped the contract. Of course, if the members were to be compensated for their income, then we would have to fight it out in a formal trial. But we are in no hurry."

-So many celebrities will begin using this provisional disposition method, right?

"We've given them a new method of commencing an exclusive contract suspension lawsuit."

Entertainment agencies can do nothing but be alert. Now the road is open that if the contract is deemed unlawful, a verdict can be laid down quickly by the Courts through a provisional disposition. "TVXQ has given their juniors a very big fight. Now, celebrities are able to keep their contracts or terminate them, they've been given another option."

The problem of unlawful celebrity contracts seems to be a long-term disease. It was put in the spotlight after the death of Jang Ja Yeon but then the situation calmed down once more.

-What is the reason that unlawful contracts occur frequently?

"It's because the barriers to entry are extremely high. It has come to a state where, without a large entertainment agency, it is impossible to debut. The singer doesn't get to question the content of the contract, all they can decide is 'should I sign it or not?'. Some of the clauses in contracts are very vague."

'SM will be in charge of all television appearances and all domestic and overseas activities.' This is what is said in the contract between SM and TVXQ. This controversial phrase is bound to be a cause of dispute. An issue that was including in this dispute was whether or not the three members' investment in a cosmetic company was an infringement on the contract. SM stated that it was indeed an infringement since the members could receive offers for commercials. The three members' side retaliated by saying, "So they are saying that the members must ask for permission even when buying stocks from Samsung Electronics. To say that the members must receive permission before doing anything, that is what a slave contract is."

-Why have even big stars like TVXQ endure with these contracts?

"The entertainment management industry is distinctively divided into Kpop, and non-Kpop. In the Kpop market, three major agencies are monopolizing the market. They train people, create albums, etc; they basically contain all the infrastructure necessary. It is hard for a new company to enter this market. It's a monopoly. Even TVXQ is on the second tier in this industry."

-What about other fields?

"The non-Kpop industry is a competitive market. As long as you have great connections and good people, you can succeed if you decided to set up an agency. This means that the barriers to entry are relatively low. The power of the agencies isn't as big."

For actors, they have an 'escalating clause' in their contracts. This means that even rookies can change clauses in their contracts if they become popular.

-Is there a way to stop this from happening again?

"The celebrities can go on strike."

The celebrities go on strike? It's a sight that is difficult to imagine. However, he was serious. If they couldn't go on strike, the labor union could work as the profits distributor, and if even this did not work, then the unfair system could not be fixed.

"In America, celebrities have labor unions, guilds. The production teams and the actors are compromising a labor collective agreement. Even when a rookie actor signs on to a production company, they have to get the signature of the labor union. It is hard for an unlawful contract to exist in such an environment."

-Will a celebrity strike really be possible?

"Haven't you heard about the American actors who went on strike?"

Last December, the Screen Actors Guild got to the brink of a strike. This was because their labor collective agreement negotiations with the Alliance of Motion Picture and Television Producers was broke down. In June, the labor collective agreement negotiations, which dragged for almost a year, was finalized and the long dispute was finally stitched up.

-Will this be possible in Korea?

"It will if Bae Young Jun and Jang Dong Geon move." He stated that a 'passionate person' was more important than a 'structured individual'. He held the Korean Radio & TV Writers Association as an example.

"In the contract script writers sign with broadcasting companies, it is so equal that it is hard to differentiate between the company and the writer. This is because Writer Kim Soo Hyun took the lead." Writer Kim solved the copyright issues with broadcasting companies by advocating a strike during 1987~1995."

-When it isn't their business, will Korea's top stars take a stance?

"In America, top stars such as Richard Gere and U2 took a stance. In our nation, no one is willing to step up to the plate. Even though the verdict of the Court has been released, no famous celebrity dares to even make any implications about the TVXQ dispute. If this was America, all the top stars would have said something by now."

Then we asked the question that we most wanted to ask. A terse answer was given.

-Doesn't the statement of the agency have a certain amount of reason too?

"It has been the theory of entertainment agencies for tens of years that 'overextended contracts are inevitable because of dangers in investments.' However, the Courts have never recognized this theory."

The verdict of the Courts is always clear and concise. Even in this case, the Courts staged, "It cannot be said that dangers in investments can justify overextended contracts and excessive compensation. There are always dangers when it comes to investing in any market and that is a part that can be compensated."

A change has already begun. JYP Entertainment put in place a new basis for contracts last month. The Fair Trade Committee ruled that the contract JYP made was a 'fair contract' that fit the criteria of the committee's basis for contracts. A law to reform the way the entertainment industry is run is also to be the center of discussion in the National Assembly.

"This method that is currently being used must stop. We cannot let this industry, that oppress people and squeezes them dry for profit, continue."

Lawyer Lim is counted as the 'second generation' celebrity specialized lawyer. This means that he does not consult and legally fight for an individual celebrity, but the celebrity-culture industry as a whole. Those such as Lawyers Choi Jung Hwan and Hong Seung Gi, who have dealt with countless celebrity-related lawsuits, are called first generation lawyer. It may be because major law firms Sejong and TaePyungYang have steeped up to take on the issue, but it can be seem that this dispute between an entertainment agency and a celebrity has moved to a second generation level. One wonders if the entertainment industry will change as much as this dispute has evolved.

"This is a chance of a lifetime. Thanks to TVXQ's name sake, this issue has been publicized and a new 'weapon' of the provisional disposition has been given to celebrities."

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

[TRANS] 091201 Action-Restraint- Authority Etc... The 2009 Fandom

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Another happening occurred as three members of TVXQ, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, stated that their contract with SM Entertainment was unlawful.


The three members filed for an exclusive contract suspension request, and received a verdict on October 27th that, "SM must not set new activities without the consent of TVXQ. SM cannot interfere with any individual activities the members of TVXQ may want to pursue." However, SM refuted this in a press conference that, "This is a nationwide scam that is packaging human rights and slave contracts as the main problem of this situation."

Many have begun to predict that the two sides will part with the forged signature controversy that erupted with the note of confirmation of the Shenzhen concert in China.

However, the people taking the most active stance in this dispute between the three members and SM Entertainment, is the 800,000 member fanclub 'Cassiopeia'. After this dispute began, they began boycotting SM while stating their reasons and what goods were to be boycotted. The reasons for boycotting span three pages of A4 sized paper and are as follows: the cancellation of 'SM Town Live 09', the unchanged attitude of SM Entertainment regardless of the numerous complaints by fans, and the unlawfulness of the TVXQ contract.

Cassiopeia stated, "SM Entertainment stated that they would continue on with the concert regardless of the legal dispute with the three members of TVXQ over their exclusive contract. However, a week before the concert, SM indefinitely postponed the concert giving a reason that, 'It is impossible for the singers to be united in the concert because of the TVXQ legal dispute.' This is an act that does not even consider the basic consideration that should be given to the consumer who bought tickets." Fans also pointed out, "They used the fact that we were fans to produce quantity more than quality with many goods containing similar contents and they completely ignored the complaints of the fans and the rights we have as consumers."



After that, the fanclub held an offline and online petition that collected around 188,000 signatures from people who were against unlawful contracts, and submitted this to the Seoul District Courts under the name 'People Against SM's Unlawful Contract'. They also visited the Human Rights Commission and submitted a petition urging the commission to work hard to eradicate the contract of clauses that violated human rights. Some state that the three members of TVXQ were able to receive a partial acceptance of their request by the Courts because of the actions of the fans.

These two events cemented the fans' position as 'consumers' with authority. Also, they showed the entertainment agencies that idol group members were not mere 'products' to admire, but were 'people' who could be moved by the power of the fans.

One entertainment representative recognized the consumer power of the fanclubs by stating, "Fans do not have control over the creation of groups, individual activities or the act of a member leaving the group," and "However, entertainment agencies do feel the pressure of the fans' wants. This is because fans are what keep a group and an entertainment agency alive."

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Source: [segye+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[TRANS] 091126 TVXQ Fans Submit Retaliation to SM's Statement

TVXQ fans submitted a civil appeal to the Ministry of Culture, Sports and Tourism stating that SM Entertainment began selling tickets for TVXQ's Shenzhen concert before receiving permission from the Chinese government. To this, SM explained that, "We asked the concert planning agency in charge of TVXQ's Asia Tour, and they said all legal permission and procedures pertaining to ticket sales for the Shenzhen concert had no problems whatsoever." However, fans are stating that SM's statement is a lie.

Recently in an interview with a journalist, SM stated, "The 'Nanjing Asia Pacific Correspondence of Culture Exchange Corporation' was informed by the People's Republic of China's Ministry of Culture that 'Permission is granted for TVXQ's Guangdong (Shenzhen) concert' on the 21st of October. The Chinese agency also received the 'Ratification by the Ministry of Culture of Korean TVXQ's Concert in Guangdong (Shenzhen) [2009] Number 2146."

Therefore, SM stated that ticket sales began on October 21st, when Dream Maker was given permission to do so.

▲TVXQ Shenzhen concert ticket sales authorization transfer certification The authorization certification stated that the rights to sell tickets were transferred from the 'Nanjing Asia Pacific Correspondence of Culture Exchange Corporation', who is the Chinese company in charge of the concert, to the general agent for tickets, 'Piao'. ⓒDNBN


However, fans stated that, "'Nanjing Asia Pacific Correspondence of Culture Exchange Corporation' gave the authorization to sell tickets to 'Piao' on September 30th," and "Ticket sales actually began before this date," and presented evidence. The actual date of the transfer of the authorization of ticket sales did indeed begin on September 30th.

Fans stated, "'Piao' believed that by being given the authorization to sell tickets, permission for the concert had already been given. Therefore, they did their job and began selling tickets. However, September 30th is quite far away from October 21st. Therefore, SM Entertainment blatantly disregarded China's procedures for such an event."

Fans also stated, "For the Chinese companies, as they work with concerts in China, they are allowed to draw up contracts regarding sponsors regardless of whether or not permission has been given. However, if the Chinese company, SM and Dream Maker are planning to hand over the authorization of ticket sales, they should have waited until after permission was give before doing so."

To collect evidence that ticket sales began before permission was granted by the Chinese government, fans presented receipts and lists of order confirmation of fans who had bought tickets for the concert.

▲Shenzhen Concert Ticket Sales Confirmation List A confirmation list of a ticket buyer in China. The date on the receipt states October 5th. However, SM stated that ticket sales began on October 21st. ⓒDNBN


According to this evidence, the payment bank account and money transfer receipt are both listed under the date October 11th. Other ticket confirmation lists are even dated as October 5th. This proves that ticket sales were occurring before permission from the Chinese government was given.

Fans stressed that, "If this isn't a violation of ticket sales, then what is?" and "This proves that ticket sales began even though permission wasn't give by the Chinese government."

Fans also said, "The Shenzhen concert is a concert directly linked with SM," and "No explanation can let SM escape from their responsibility for going ahead with a concert regardless of the fact that the government had not granted permission yet."

On the 16th, regarding TVXQ fans' civil appeal titled 'SM Entertainment's Disregard for the Chinese Administrative Procedures may obstruct Culture Exchanges between Korea and China', the Ministry of Culture, Sports and Tourism stated, "In the case of China, a license system is used for foreign concerts," and "As you have stated, the actions of disregarding a country's appropriate procedures may have a negative effect on the growth of the Hallyu Wave, the image of the Korean music market and the nation as a whole, as well as the cultural exchange between the two nations."

The Ministry of Culture, Sports and Tourism also stated, "We will call a representative of SM forth to clarify and set regulations so that such an event will not occur again."

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

[TRANS] 091125 SM Blinded By Money, What Lie Will They Come Up With Next?

I dare to say that TVXQ is one of the best singers in all of Korea. Truth be told, there are few singers who can sing well while dancing rigorously like they do, and there are few singers who not only sing and dance well, but look good as TVXQ does.
However, what is unfortunate is their agency SM. When one looks through all the unbelievable actions SM has carried out, one begins to wonder how such an agency was able to bring to Kpop so many singers.

Lies only bring more lies
To sum the case up, SM suddenly added an activity to TVXQ's schedule. (The concert that came after the lawsuit was instigated) So the three members of TVXQ (Xiah Junsu, YoungWoong Jaejoong, Micky Yoochun) stated that they would not be attending a concert that had not been planned in advance, and SM retaliated strongly and viciously. They gave off a nuance that TVXQ was being very immature by not attending a pre-scheduled activity because of a confrontation with the agency.
But the problem is that all of the procedures and results that SM has been stating are lies.

1. A Pre-scheduled Activity?
: What is currently causing controversy is the signature happening; in which it is stated that a concert can occur only if the singer signs the documents him or herself. Therefore, if the singer did not sign the documents him or herself, this is the same as the singer stating that he or she would not be attending the concert. The problem is, SM forged these signatures.
To restate that, to make the concert look as though it had been scheduled in advance, created this situation from lies. There was no "pre-scheduled activity" that they claimed there was.

2. The Concert Was Given Full Permission?
:This is sounding like a lie as well. People must receive permission to advertise or sell anything related to concerts in China. To calm down the controversy, SM stated that they began selling tickets on the 21st. However, evidence from Chinese fans in the form of e-mails confirming that money was transferred for tickets that were sent on the 16th are appearing here and there. SM's statement has once again been proven as a lie. To restate this, SM is trying to cover the situation with lie after lie.


-TVXQ's attitude is quite mature. They are too grown up to be called idols.
SM is busy trying to criticize and tarnish the names of the members of TVXQ with lies. The company even forged signatures for the Shenzhen concert and canceled the concert only to place the blame on the members. As stated above, they used lies.
TVXQ, on the other hand, are not using media play or taking direct action against SM. They did so for their worrying fans, and to reduce, at least by one, the number of times the name TVXQ appeared in the media. What about SM? They, on the other hand, tried to make TVXQ look like schemers and kept them in the media spotlight to tarnish the image of the group. It's as though the agency has the mindset of 'Since you left our house, I'll make sure the rest of your lives are miserable. Is this really how the nation's top, leading agency should act to youths in their 20s? It makes one wonder who is the real adult and who is the child in this dispute.


-Those who criticize TVXQ, do not criticize them if you don't know what you're talking about.

1. Impatient TVXQ?
: Currently, there are netizens who are quietly observing this case, but then there are some who cannot control themselves and criticize TVXQ. I ask for them to think their position over one more time. It's actually quite laughable.
SM began selling tickets illegally although the members of TVXQ continued to decline the notion, and they even forged the members' signatures without authorization from the members, until when do you expect them to grin and bear it?
Have you no clue about the legal system and laws of our country? Forgery is an extremely serious offense in Korea.

2. TVXQ is greedy for money?
: Let's pretend that there is a businessman who worked his way up through this own had work and determination to a reasonably good status in a company. Truth be told, he's receiving unfair treatment, but he is receiving a bigger salary than the average businessman. In any case, he continues to diligently do as the company says for the sake of the expectations put upon him and the development of the company. So the company grew and became developed, and that businessman continued to bring forth results that met or exceeded expectations. However, the treatment he received from the company changed only slightly. All he received was more work, and bigger expectations.

Is this situation very fair? Is this a situation to look over just because the salary is not on the bad side?
This is not being greedy for money. How is wanting as much as one worked being greedy for money? This is something we should be supporting. Because this is not something wrong to do. When taking the facts that the company would become better in quality and environment, the company should be thankful.

Whatever the reason, everything has been revealed. Due to these lies being revealed, it makes one feel as though everything SM has said in the past were lies as well. I don't know about anything else, but I'm very curious to see what explanations, no, lies SM will come up with next.

SM's abilities to raise and debut skilled singers is notable, however, they are advised to fix themselves and mature into an agency that can communicate and listen to its singers.


Source: [Daum View On+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net