Intro

Dong Bang Shin Ki

Known as:

DBSK (Dong Bang Shin Ki), Korea

THSK (Tohoshinki), Japan

TVXQ/TVfXQ (Tong Vfang Xien Qi), China and international

Members:

Jung Yunho (U-Know)

Kim Jaejoong (Hero)

Park Yoochun (Micky)

Kim Junsu (Xiah)

Choikang Changmin (Max)

A South Korean pop group debuted on December 26, 2003 at Britney Spears and Boa's showcase concert under SM Entertainment performing "Holy Night" and their debut song "Hug". Later introduced in Japan  under Avex. Their name also translates as "The Rising Gods of the East".

They're one of the most successful in Asia. They're also known as " Kings of the Hallyu Wave" for their success and contribution to Kpop.

 Their official fanclub is called "Cassiopeia" which is considered as the largest fanclub in the world being in the Guinness World Record in 2008.

As of now, they released a total of  5 Korean albums, 5 Japanese albums, 20 Korean singles and 30 Japanese singles.

Lawsuit~

[Lawsuit] 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.netShared by: iscreamshinki.net

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[Lawsuit] DBSK/Tohoshinki gets 3rd golden album from Japan Record Association, “More curiosity about group’s Japanese promotions in the future”


Japan Record Association recently announced, “Million single, album selling and acknowledge”. Dong Bang Shin Ki has been acknowledged for a golden disk by selling more than 100K copies of their albums ‘Five In Black’ in March, ‘Stand By You’ in July and ‘3rd LIVE TOUR 2008 -T-’ in August.

With that, more attention are raised as in what will the next step be for Dong Bang Shin Ki 3 members Micky YooChun, Xiah JunSu and Hero JaeJoong’s contract discord with SM Entertainment.


Credit: K-Bites

[Lawsuit] Star Name is Money

Agency SM Entertainment who has been having legal disputes with 3 members of TVXQ, on July 4th submitted trademark application of names of some of its singers including TVXQ, Girls’ Generation, and Super Junior. SM is currently waiting for the result.

In 2004 SM already tried to enter the same application but was rejected since “There’s no agreement from TVXQ members,”. To consider the current situation where there’s disputes between the two sides, the members are most likely not consent yet, again.

Meanwhile, quoting the statement from patent attorney Hwang Sung-pil which was aired on MBC “Happy Day” on August 17th, “The cycle of legislation from trademark rights to trademark, is to legitimate the brand of artists name when deciding margin products, as well as to identify the source of right to display certain brand so that customers are ensure of one’s brand reliability.”

Estimation of the value of star name.

The star name whose value is worth for 180 billion won, is gained by Seo Tai-ji on 1st rank. The Korean wave star Bae Yong Joon name is worth for 100 billion won, and rose the 2nd.

Active in three countries including Korea, Japan, and U.S, singer BoA is ranked 3rd for 100 billion won while on 4th with estimation value of 50 billion won is name of group Shinhwa.

TVXQ group name is estimated to be worth 40 – 50 billion won thus made 5th. Meanwhile Korean wave star Won Bin and Choi Ji-woo names both are worth 30 billion, thus are placed together on 6th.


source: Newsen
trans: sharingyoochun@wordpress

[Lawsuit] 090816 'SECTION TV' GAINS CRITICISM FROM FANS

MBC's 'Section TV Entertainment News' is receiving scorn from TVXQ fans.
On the latest episode aired on the 14th, 'Section TV Entertainment News' attempted to interview the TVXQ members who are in a conflict with their agency SME and in return, received a lot of criticism.

Last month on the 31st, three members of TVXQ, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment and were swept through numerous disbandment rumors but were spotted at the airport heading for Japan to complete their activities there.

On this episode, 'Section TV' visited the work places of the members' parents and asked them questions regarding the current situation and also attempted to interview the members ar the airport as they were leaving.

Regarding this, TVXQ fans who would like to see this whole situation work out well criticized MBC by sying, "It was not right for MBC to force an interview on TVXQ when they are suffering mentally and physically these days."

On the program's forum, many people wrote, "Why did they go to their parents?" and "It all ended with nothing gained except a brief glimpse of them. The only thing this 'interview' probably did was inflict emotional pain on the members."


Credits: Source: [NTN+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

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[Lawsuit] DBSK forced to a corner; freedom comes at a price of 10.6 billion TWD

DBSK forced to a corner; freedom comes at a price of 10.6 billion TWD


Unsatisfied with their treatment under their managing company, members of Korean superstar boyband Dong Bang Shin Ki, namely Xiah Junsu, Youngwoong Jaejoong and Micky Yoochun have brought their case to court.

However, once the hearing is held and if the members lose their case, a compensation sum of approximately 10.6 billion TWD will have to be paid, tantamount to forcing them into a tight corner.

At the beginning of this month, news of the three members being dissatisfied with SM Entertainment and wanting to leave had begun to surface. In return, SM declared publicly that there was no such thing, and even professed that if they wanted to leave, then they would have to pay to do so.

Once the news of this got out, the 800 thousand strong fan base of Dong Bang Shin Ki almost immediately took action, firstly by using the cancellation of the SM Town Concert to start a boycott of SM products as a form of support for their idols.

SM Entertainment has also seemingly not cared much about all of these measures fans have been taking. Instead, SM has been registering the names of their popular groups such as Super Junior and So Nyeo Shi Dae (Girls’ Generation) as well as Dong Bang Shin Ki, in order to prevent Dong Bang Shin Ki from starting over elsewhere.

According to news reports, a seminar where media experts and scholars came together to discuss this problem all stood on DBSK’s side, saying that SM has used DBSK merely for profit, and the amount that they are paid every year, five miliion TWD, is ridiculous.

Now that DBSK wants their freedom back, the price that they have to pay is far too much, and purely a device to back them into a corner that they cannot retreat out of.

The “Dong Bang Shin Ki Seminar”, co-held by fans, scholars and media experts, was held in order to examine what would happen in the case if the three members lost the case: the end result would be to pay the 10.6 billion TWD compensation sum.

Thus, fans have denounced SM as a bloodsucking company, and they wish to voice out for their idols via the SM boycott



10 600 000 000 Taiwan dollars = 401.778473 billion South Korean won

10 600 000 000 Taiwan dollars = 321.02100 million U.S. dollars

Source: Yahoo! News
Translated by: hazel @ http://asianfanatics.net/Shared by: Asianfanatics

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[Lawsuit] 090818 Yoochun, jaejoong, Junsu "Focusing completely on the First Hearing"

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

On the 17th, a representative of Sejong law firm, that is aiding the three members, told Money Today Star News that,
"We are preparing for the first hearing that will be soon," and "TVXQ's stand and SME's Stand on this situation have not changed at all."

He also said, "As they are still under SM Entertainment, all five of them are completing the shcedules they have been given."

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

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


Source: [star news+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.netShared by: tohosomnia.net

[Lawsuit] TVXQ's 1st Court Hearing Ended Today

TVXQ and SM Entertainment's first court hearing took place today August 21st, 2009 at 11:40am KST.

TVXQ's lawyer stated "TVXQ members are very upset about the entire situation, but hopes that the lawsuit will end well." In addition, "We do not want TVXQ to split up. And even if they do change management companies, there is still a chance that TVXQ will remain together."

SM Entertainment's lawyer stated, "There are no personal grudges against the members, however this lawsuit is an enormous loss to the company, therefore we wish to resolve this as quickly as possible and have TVXQ continue their activities." In addition, SME stated that, "In regards to the members running Chinese based cosmetics businesses, SM only intervened as it could potentially hurt their image. That was the only reason."

The 1 hour and 20 minute hearing over exclusive contract rights and improper compensation is now over, however all parties are required to submit all proof and documentation by September 12th, 2009, in order for the courts to make a final judgment.


TVXQ: " We Want This Lawsuit to be Finished as Quickly as Possible"

TVXQ's YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu have stated that they wish for their lawsuit against SM Entertainment to finish quickly.

Both sides stated their position at the first hearing held on the 21st at 10:20 am.

The members' side pointed out the unlawful problems in their exclusive contract as well as the doubtful income division made by SME.

SME's side stated that they were in red figures for four years after TVXQ debuted, said that they had divided the income well and that what the three members were saying was false.

Both sides stated that they wanted this lawsuit to be solved as quickly as possible. The judge stated, "If both side would like to set a settlement date that will not be open to the public, that can be arranged," and urged both sides to come to a mutual agreement.

It can be seen that the judge believes it will be better for the two sides to start fresh as quickly as possible rather than have a tiring fight in court.

On the other hand, on the 20th, 120,000 fans submitted petitions against SME's unlawful contract to the Seoul District Courts where the trial is being held.

Source: [asiae+DNBN]
Translation credits: jeeelim5@tohosomnia.netShared by: tohosomnia.net

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[Lawsuit] 090821 SM "We've Lost 15 Billion Won+ In Image Damage Because Of This Trial"

SM Entertainment (SME) stated that they were the only ones who received damages because of the request for the suspension of TVXQ's exclusive contract.

On the 21st at 10:20 am, the first hearing for the lawsuit between SM Entertainment and the three members of TVXQ's Youngwoong Jaejoon, Micky Yoochun and Xiah Junsu, began.

During this hearing, SME's lawyer stated, "In the case of the three members of TVXQ, they don't have any dissatisfied feelings towards this lawsuit as it got them out of concerts and advertisements that they did not want to participate in," and "But in the case of SME, they had to pay compensation for said canceled events and future scheduled events with 8 billion Won to pay domestically and 15 billion Won to pay if overseas activities are calculated. Not only will SME suffer monetary loss, the image of SME has also been hit because of this trial."

SME's lawyer stated that the focus of this lawsuit was not the period of the exclusive contract or the unfair income division, but the cosmetic company that the three members were involved with. He explained that the only two reasons SME asked the three members not to participate in such a venture were because such a venture went against their exclusive contract and because the venture could hit TVXQ's image in a negative way.

SME's lawyer also said, "In reference to the length of their exclusive contract, the special quality of the entertainment business needs to be considered," and "Even in the recommended exclusive contract guidelines released recently, there are exceptions when it comes to singers."

He also said, "The three members claim that they never were told of exactly how much they earned but SME revealed this amount to the members every six months and the members even signed these income documents."

On a side note, the three members of TVXQ filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment on July 31st. They also filed for a Preservation of Evidence request to be able to calculate the exact amount of TVXQ's income.

The three members asked for a cancellation of their contract due to the unlawful clauses in said contract but SM Entertainment stated that the three members were filing this lawsuit because of the cosmetic company they were associated with; both sides show no signs of backing down. TVXQ's leader U-Know Yunho and youngest leader Choikang Changmin did not participate in this lawsuit.



Source: [star news+DNBN]
Translation credits: jeeelim5@tohosomnia.netShared by: tohosomnia.net

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[Lawsuit] SM x DBSK Lawsuit: “Will The Evidences Application be Accepted?”

As had been reported, besides the provisional disposition to terminate exclusive contract effect, 3 members of DBSK namely Jaejoong, Yoochun, and Junsu also submitted Preservation of Evidence request so that they could calculate the exact amount of their income.


However, in the first hearing held on last August 21st, SM responded regarding the Preservation of Evidence request, “This immediate appeal for Preservation of Evidence can’t be executed.” SM expressed disapproval regarding the submission request. The company explained that DBSK income receipts along with other documents and materials needed for this settlement is company’s trade secret. And if they’re to be exposed to the media, it can lead to fatal effect.


Regarding the problem, the court described an “in camera” system to invalidate SM’s claim of a fatal risk. The “in camera” system is the process in which the viewers of the evidences are to selected/limited number of people only. Because of this, DBSK’s payment issue can be resolved and the current conflict can be raised.


SM officials therefore approved the DBSK’s ‘Preservation of Evidences application’ and the submission deadline is tomorrow, August 26th.


The court judgment whether SM’s application is received as valid evidences or not is to be determined on Friday, August 28th.


Meanwhile, on the same day (August 28th), DBSK fanclub Cassiopeia is showing support to their idol by submitting petition which is signed by approximately 121,073 people at 1:30 p.m to National Human Rights Commission. “DBSK members have been victims of serious human rights violation and now are seeking way to escape from it. We asked the help from National Human Rights Commission to give human rights protection for DBSK members through their court hearing.”


On last August 20th, Cassiopeia had already submitted their petition which was already signed on-line by 120,000 people from August 12th to 18th (six days) to Seoul Central District Court to support the terminate of unfair contract.

Source: diodeo + newsen
Summarized by: sharingyoochun@wordpress

[Lawsuit] DBSK`s Activities in Japan is About 1.5 Billion



In regards to the long term contract and undisclosed earning percentage split problem, it had created an unfair contract. Tohoshinki’s 3 members finally decided to go through court to resolve this dispute with their agency SM Entertainment.

Recently, the 3 members of Tohoshinki had requested to have their earning percentage split in Japan’s documents without taking in much consideration.

It is said that Tohoshinki had debuted in Japan in 2005 and till now, 4 years had passed and each member's earning in these 4 years could only reach about 1.5 billion. This is the first time that Tohoshinki’s earnings from their daily activities in Japan have been revealed.

Representatives had too expressed that SM JAPAN is a company that SM KOREA has 90% control over, and because of the matter over in SM Korea, it is said that it makes one suspricious of how SM Korea manages to pay for SM Japan too.

The members are rather confused over the whole percentage split earning because they have yet to see the whole real contract, according to SM in May revealed their financial status, SM Japan belongs around 93.5% to them. In regard to this matter, the public have raised questions.

Korean art schools professor, Lee Dong Ting said “Because of Tohoshinki’s activities in Japan, it had created a problem in percentage splitting. According to Tohoshinki’s agency, SM Japan and Avex would like to take in 50-50 of the earnings then between SM & SM Japan, another 50-50 in earning’s and in truth, Tohoshinki actually received only 1/4 of the earnings during these activities.

With an agenda of “Through Tohoshinki you could see that the companies system is full of problems and solutions were made,” Professor Lee also pointed out “SM JAPAN and SM been seen as 1 company is okay, therefore this kind of split for earning’s can bee seen as a dirty hand trick.” Professor Lee then said “The total amount that Tohoshinki is getting, being an artist and enjoying their reputation along with SM’s way of making use of the money in the name of ‘because it’s business’ (IE. Saying they need to pay their stylists etc) is not tallying with the reality calculation.”

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

[Lawsuit] 090831 TVXQ's Japanese Income Division; Each Member Received "150 million Won"

*note from your translator: for those who don't really know about the Korean currency
150 million Won = around $120,000 dollars*

TVXQ received only $120K in 4 years. This means $30K per year....thats equivalent or less than what a low-income, labour job earner gets in America!



Income was divided in the order of Avex-SM Japan-SM-Members... SM Double Acquisition Controversy

An argument that five member group TVXQ, who are currently in a legal dispute with their agency over their exclusive contract and inexact income divisions, earns an extremely low income from their Japanese activities has been put forth.

An influential acquaintance of the three members who are locked in this legal dispute (YoungWoong Jaejoong, Micky Yoochun, Xiah Junsu) stated, "The amount of money TVXQ has earned from when they started their Japanese activities in 2005 till now is a little over 150 million Won per member."

This is the first time TVXQ's Japanese activity income division has been referred to in detail.

He explained the income division process in detail saying, "A portion of the money TVXQ earns from their Japanese activities goes to their Japanese agency Avex, and some of it goes to SM Japan. The rest goes to SM Entertainment. Therefore, the members receive only an extremely small portion of the overall income."

He also added, "SM Entertainment owns more than 90% of SM Japan's quota and is the parent company of SM Japan," and conspired that, "Another controversy arises of their Japanese income division because of this." He stated that, "Since the members have never seen the actual Japanese contract, they have no clue of how the income division is going on between the agencies and are feeling very frustrated with the situation."


SM Entertainment owns 93.5% of SM Japan's quota

Actually, according to the quarterly report SM released in May, SM Entertainment owns 93.5% of SM Japan's quota (On March 31st).

Even the Civil Society Organization has pointed out that there are problems in the way SM Entertainment divides and calculates the income.

Lee Dong-yeon, professor at the Korean National University of Arts, stated, "The money TVXQ earns from their Japanese activities is first divided by Avex and SM Japan who co-manage the group by 50% each, then SM and SM Japan split the money SM Japan got by 50% each. Therefore, TVXQ only receives a small portion of 1/4 of their income, not a portion of their entire income".

At the debate that was on the prompt 'The Problems Regarding the Korean Entertainment Management System Revealed Through the TVXQ Dispute and the Solutions To These Problems', Professor Lee said, "It can be said that SM Japan and SM Entertainment are basically one company therefore SM Entertainment is using this to acquire twice the amount of money they should be getting from TVXQ's Japanese income."

Professor Lee also stated that, "It can easily be seen that we obviously cannot say that TVXQ and SM Entertainment have a fair and just contract agreement when carefully reading through the fine print of the contract and taking into consideration TVXQ's income division and the preposterous amount SME claims they spend on managing TVXQ (In truth, most of this money is actually not included in the income division.)"

On a side note, it has been found that SME did not adhere to the Preservation of Evidence Request that the three TVXQ members filed that was accepted by the Courts. This Preservation of Evidence Request includes all documents relevant to TVXQ's activities that would help calculate TVXQ's actual income that include account books, receipts, transfer slips, etc.

On the 21st, the Seoul District Courts asked SME at the first hearing to hand in all documents relevant to the trial, but SME did not follow through.

SME's lawyer stated before that, "These documents are all company secrets, and it would be fatal to SME if they were released to the media."


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

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[Lawsuit] TVXQ vs. SM Entertainment Pending Final Decision - All Evidence Due Today

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.




Source : allkpop.com

[Lawsuit] TVXQ talks with SM Entertainment break down

TVXQ / DBSK / Tohoshinki members Xiah, Micky, and Jaejoong were trying to make efforts to resolve the issues with SM Entertainment behind the scenes but it seems all talks of coming to an agreement have broken apart. Korean Media Outlet Newsen recently had a phone conversation with the court overseeing the issue.

In the phone conversation, the court stated that it'll be all up to them to come up with the resolution as both sides despite talks of resolution, will not budge from their initial stances. They continued by stating that they're thoroughly reviewing all the papers, documents, and evidence given. After this thorough investigation, both parties will be notified of the decision. The Court stated that they don't know when exactly they'll come up with the decision but that it should be sometime this month.

As the talks have broken down, it seems there's no chance of resolution outside the courts. Hopefully the courts come up with a fair and firm decision.

Credit: allkpop
Source: Newsen.com

[Lawsuit] 091029 SM-TVXQ Contract w/r/t/ Income Distribution

The Court has granted the injunction filed by the members of TVXQ against SM Entertainment.The Court found that the Contract between SM and the Members was unconscionable and against public policy. Following this victory, the Members are proceeding with the main suit to ask for the rightful shares of all income generated from their activities.

The following is a summary of the outrageous terms of the Contract that relates to the distribution of income. The clear conclusion is that the TVXQ members have received next to nothing for their six years of work, and that virtually all money we spend to buy SM products stay with SM. Please read the below to see the extent of the injustice.

Please keep in mind that SM's contract with TVXQ has been amended five times and therefore the applicable terms have varied over time. Accounting for all the resulting complexities, the truth adds up to the following:


I. TVXQ has received $0 for their album sales prior to July 2008, and only a negligible amount after that date.

Prior to the fifth and final round of amendments on July 1, 2008, the Contract read that for any album or single with sales not exceeding 500,000 copies, SM would be entitled to 100% of the profits, leaving the members with nothing. From the time of TVXQ's debut in late 2003 and until TVXQ's release of their 4th Korean album "Mirotic" in September 2008, no Korean album had sold more than 500,000 copies. Therefore, prior to July 2008 TVXQ has had absolutely zero income from their album sales.

On July 1,2008, SM amended the Contract to give each Member 1% of total sales for each album that sells over 200,000 copies. For any albums that sell fewer copies, the members are to receive 0.6% to 0%. SM has not honored even these outrageous terms, as it has not paid TVXQ a single cent since February 2009.

In sum, SM has kept 100% of all sales that TVXQ has generated with the sales of their albums and singles prior to July 2008, and has kept 95% or more of the sales after that date.

II. TVXQ has received $0 for the sales of concert DVDs and albums featuring recordings from such concerts.

Under the Contract, the Members are not entitled to receive any share of the profits generated from sales of concert DVDs and "live" albums.

III. TVXQ has received $0 for their appearances on TV programs.

Under the Contract, Members are not entitled to receive any share of the profits made through their TV appearances if the appearance is of a temporary nature. As all programs on which TVXQ appeared have featured the Members as "guests"and therefore by nature have been temporary, SM has kept all profits that TVXQ has generated from these TV appearances.

IV. For all other possible sources of revenue, SM subtracts from the total revenue all expenses, including salaries of other staff, stage preparation expenses, rent, travel expenses, food expenses, and the like, then gives TVXQ only a fraction of the remaining amount.

As for all other sources of income, the Contract states that TVXQ is entitled to varying percentages of the "net income." The Contract defines "net income" to be the amount remaining after the applicable "operating costs". The "operating costs" are defined to include such expenses that are traditionally expected to be covered by the employer, including but not limited to 1) salaries of the staff (manager, clothing coordinators, makeup artists, dance crew, and the like), 2) performing stage preparation costs, 3) living expenses, including rent and water/electricity bills, 4) travel expenses, including plane ticket costs, 5) meal expenses, and the like.

Even after all these "operating costs" are deducted from the net income, the Members are only entitled to a small percentage of the remainder while SM keeps the rest.

In conclusion, please realize that SM has kept virtually all of the profits that our Members have generated over the past six years. Our Members have received, literally, next to nothing.

Following thevictory of the granting of the preliminary injunction, the Members now prepare for a suit to claim their rightful share of the profits that they themselves generated.

Source: dnbn
Translation: Inklette @ dnbn
Shared by: OneTVXQ.com

[Lawsuit] 091028 TVXQ's Victory Is A Call For Change In The Entertainment Industry From The Courts


On the 27th, the Seoul District Courts sided with popular group TVXQ's three members and their exclusive contract suspension against SM Entertainment. The Courts decided that the entertainment agency was not allowed to create new contracts without the consent of the celebrity and must not interfere with said celebrity's independent activities in the business. Therefore, a road of free movement has opened up for the members of TVXQ. Although the formal trial procedures are left, this decision seems to shed light on the future of unlawful contracts that are rampant in the entertainment business. Overall, the call for shift from a vertical relationship to a parallel, equal relationship is welcomed. Many expect this dispute to lead into an equal relationship between celebrities and agencies in the future.


Till now, the Korean entertainment business, as the term 'slave contract' implies, has been criticized for its inability to escape unlawfulness and unfairness. The majority of celebrities was put at a disadvantage starting from when their contracts were set up and have become mere tools of agencies. From their official activities to personal actions, everything celebrities did was dictated by their agencies. This was the kind of situation that the three members of the nation's best idol group were in when they went against their agency. If they were in such a state, it is not hard to think of what unthinkable states the no-name celebrities and not-so-famous celebrities are in.


Most domestic entertainment agencies work under a scout-train-management system. Agencies have trained talented rookies and raised the value of no-name celebrities in this organized and investing method. However, although it is easy for a celebrity to become wound up in an unlawful exclusive contract, it is not as easy to escape from his or her entrapment. It can be said that the Courts ruled that, "This is an unfair structure that does not give the members even the bare minimum rights they should have," and "As the members have to pay extremely large amounts of compensation if they go against the contract, it is impossible for the members to wander astray from the contract," because of such methods employed by entertainment agencies.


This decision will bring about a big change to the entertainment business as a whole. This is because the complaints that have been silenced till now may erupt and flood. There is a high chance that the dispute between the members of TVXQ and their agency will take a long time. Right after the Courts' decision, the three members stated that they would file lawsuits for Compensation for Damages and Exclusive Contract Nullification, while the agency has stated that they will be revealing information that the Courts requested they keep quiet from the media and an official statement. This reporter hopes that this dispute will not end a mere expendable argument, but a stepping stone to a new cultural change in the entertainment industry. The tyrannical domination of the biased and vertical patriarchal culture that believes that, "Since I have raised them, I can do whatever I want with them," must now come to an end. It is time that a win-win and equal relationship was created in our entertainment business to take the industry to a whole new level.

Source: [yonhap news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
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[Lawsuit] 091030 The Need For Change In The Entertainment Agency And The Solution Through The TVXQ Dispute
First of all, the Courts have sided with the three TVXQ members. In reference to the exclusive contract suspension request submitted by Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, the Courts laid down the decision that 'SM Entertainment is not allowed to interfere or question any individual activities of the three members or create contracts regarding group activities without the consent of the three members.'

This dispute between the group that is the Hallyu Wave's key player and king of the Asian market and the group's agency, the nation's top entertainment agency, is said to bring large waves of change not only to the entertainment industry, but to the entire nation as well. Many have said that the Courts' ruling has kick started the battle against unlawful contracts while others have said that the decision has completely ignored the trainee-raising method of most entertainment agencies.

The TVXQ case can be seen as a result of SM's 'Failure At Management.' However, that is only the evaluation based on the results. The reason the TVXQ dispute has come so far and deep is because there was a charge forward with a lack of 'communication and respect' on both sides.

One of the reasons that this dispute cant not be the center of attention in the entertainment industry is because the Courts have sided with the members of TVXQ and completely overturned the traditional method of agencies' formation of their contracts. We cannot blatantly say that all 13 year contracts are slave contract. As long as 'communication and respect' is prevalent and a fair income division is put in place, it will be a happy contract. They would be willing to sign onto a contract longer than 13 years at will. They would not think of moving to a different entertainment agency.

If TVXQ's birth is inspected, the process is a system with no room for 'communication and respect.' TVXQ is a team that was created by picking the best out of hundreds of trainees and forming a group. Even the members themselves would not have known what lay ahead of them in the future of their music careers. They were able to snag the title of 'Top of the Korean Music Industry' under the system of a large entertainment agency, and their entrance into the overseas market was probably calculated meticulously. The entire process would amount to a total of 10 years.

As this much time has passed, the members are bound to have looked back on themselves. They are also bound to have increased their musical control and bettered their abilities to select their paths. There were times when they had to stand on a stage regardless of the fact that they did not want to, and they would have had to handle the agency's actions to stop any activities that may 'endanger the group' with a feeling of oppression. This is where 'communication and respect' is needed. As the two sides are the bests of the best, there probably was the need to approach the situation calmly and after much thought. If things have come so far, there were bound to have been instances unknown to the public that pushed it so far. To become irreparable.

In truth, the members are preparing to 'sue for the nullification of the contract and compensation for damages incurred from the income division' while SM is submitting an appeal. SM has also stated that they will be revealing information that has not been told before and releasing an official statement.

When seeing all the big and small disputes that have erupted in the Korean music industry, they all originate from income division problems (unlawful contracts), failure to communicate (respect for human rights), natural limits (musical limits, lack of responsibility as a celebrity), and a interference of the family (interference from a third party).

But the income division problems have been the biggest disputes in this industry. Income division is important to gain trust and investments. If income division is not transparent, that is what a slave contract is. The lack of transparency in income division is what started the lack of human rights for celebrities in the music industry in the mid 90s.

-omitted-

The music industry must use this dispute as a stepping stone towards a change in 'communication and respect'. What can gain more trust than a contract is'communication and respect' and 'a transparent income division'. There is no other 'road to a solution'.

Source: [star news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[Lawsuit] 091031 TVXQ Dispute 'SM's Dilemma'

Much attention has been put on SM Entertainment and its future actions as the Courts have sided with the three TVXQ members YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu on the legal dispute between the three and their agency regarding their exclusive contract.

On the 27th, the Seoul District Courts partially accepted the exclusive contract suspension request against SM Entertainment submitted by Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun.

To have the Courts partially accept the exclusive contract suspension request is to have the Courts decided that the contract between SM and the members of TVXQ is in fact unlawful. According to the decision of the Courts, SM is not allowed to interfere or question any individual activities of the three members or create contracts regarding group activities without the consent of the three members.

For now, SM has stated that the agency cannot accept the Courts' ruling. SM Entertainment released a notice stating "Although the entire contract was not suspended, the Courts stated that some parts of the contract was questionable and that is why we are submitting an appeal," and "Till now, we have kept some information from the media as the Courts requested that neither side be interacting with the press during the trial. Now we will reveal that information and release an official statement.

Unless an extremely controversial secret is revealed by SM Entertainment that could turn the tables, it can be said that the contract between SM and TVXQ has already been nullified.

The dilemma that SM faces now is the fact that the agency's other singers may attempt to leave the agency in the same method. TVXQ is not the only reason why SM is being so adamant and firm of their stance in this dispute. To state that conclusion first, there is close to no chance of TVXQ disbanding or ending their activities. This is because all three members involved in this dispute have no thoughts of leaving the group names TVXQ. Some representatives to the entertainment business stated that, "There is a high chance that SM and the three members will become equal partners regarding activities such as the release of a new album in the future."

The problem is how the two sides will fix the contract and the income division. Although the income SM receives from album sales or commercial activities will reduce, it is not so much that the company will run into bankruptcy.

The biggest problem for SM Entertainment is the fact that the majority of agencies works under a system that invests money to raise trainees into singers in a span of 1~7 years that does not guarantee profit after the singer's debut. In the case of TVXQ, if they are allowed to leave the agency stating that the contract was unlawful after gaining popularity, the agencies will have no incentive to continue on with this method of raising stars. This is also why the Fair Trade Committee constantly fails to come to a consensus with agencies when it comes to creating a basis contract.

The reason that SM is being carefully watched for its future actions regarding this trial and the consequences that follow is because this is not merely a problem between SM and TVXQ.

Source: [mk news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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JYJ (Jaejoong, Yoochun, Junsu)

Subgroup of the legendary boy-band known as DBSK, now known as JYJ filed a lawsuit against their South Korean record label, SM Entertainment in the mid of 2009. Arguing that the 13-year length and structure of their exclusive contracts as well as the terms of profit distribution were unilaterally disadvantageous towards the artists and should be invalidated. And the contract with SM Entertainment was suspended by Seoul Central District Court in October 2009, ruled in favor of JYJ affirming their right to independently engage in entertainment activities. The ruling was emphatically pointed out it was a "subjugating contract" with the terms that are grossly incompatible with Korean labor and contract law. But they continued as DBSK activities in Japan for over half a year until the filing of the injunction until their Japanese agency, Avex, announced a group hiatus in early 2010. On April 2010, JYJ first debuted as the new three-member group by Rhythm Zone, a sub label of Avex. 

TVXQ (Yunho, Changmin)

After the lawsuit JYJ files against SM-Entertainment, it was announced that TVXQ would be returning as a duo consisting Yunho and Changmin in early 2011. It was released as an official statement on Novemeber 23, 2010 by SM Entertainment and Avex also made a statement regarsing TVXQ.