[NEWS] 110218 Court rules in favor of JYJ in a dispute with SM Entertainment

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[News] 110218 Court rules in favor of JYJ in a dispute with SM Entertainment

JYJ, a pop trio consisting of members from one of Asia’s favorite groups, “Dong Bang Shin Ki,” has won its legal battle to work independently from its management company.

When three members of the quintet, namely Kim Jaejoong, Park Yoochun, and Kim Junsu (more commonly known as Hero, Micky and Xiah), formed JYJ, SM Entertainment claimed the action was a breach of contract.

JYJ members Kim Jun-su (left), Kim Jae-joong (center) and Park Yoo-chun hold commemorative plaques at the appointment ceremony as goodwill ambassadors for the robot competition FLL KOREA in Seoul on Thursday. (Park Hyun-koo/The Korea Herald)

However, Seoul Central District Court dismissed Thursday the injunction request filed by SM Entertainment, thereby allowing JYJ to negate its contract with the company. The court had already ordered on Oct. 27, 2009 that SM Entertainment should not interfere with JYJ and its management agency CJes Entertainment’s activities.

According to the court, the exclusive contract cannot be considered legal for the following reasons: 1) The contract violates the right to privacy, establishing a “dominant-subordinate exclusive” condition, forcing members to obey the agency. 2) JYJ has weaker negotiation capability, having no choice but to follow SM’s decision. 3) The long period of the “dominant-subordinate exclusive” contract cannot be justified as a reduction of investment risk or to penetrate abroad. 4) The articles such as excessive penalty also result in a stronger “dominant-subordinate” relationship.

Other provisions that pushed members into a disadvantageous position were also invalidated, the court official said.

The court also said SM Entertainment’s injunction was a violation of the earlier court ruling not to interfere with JYJ.

A representative of CJes Entertainment, Back Chang-ju, said, “I express my gratitude to JYJ and staff members for their help in fighting a battle with Goliath.

“I believe that this is the victory of justice, and I hope that there will be no more interference with our activity for ridiculous reasons like double contract.”

(Herald Online)

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[News] 110218 JYJ Win Legal Battle with Former Management

JYJ /Yonhap

JYJ, formed by three former members of boy band TVXQ, are now officially on their own and no longer under the influence of their former management agency SM Entertainment.

The Seoul Central District Court on Thursday dismissed a lawsuit filed by SM Entertainment against JYJ over what the band said was an unfair contract between the two parties. JYJ asked the court in 2008 to suspend the contract, and the court agreed, but SM Entertainment brought an injunction.

The band said their 13-year contract with SM Entertainment was unjustifiably long and it prevented them from receiving a fair share of the profits they generated. Since then, they have separated from TVXQ and created JYJ, which is shorthand for their names — Jae-joong, Yu-chun, and Jun-su.
englishnews@chosun.com / Feb. 18, 2011 12:13 KST

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