[TRANS] 110217 SM’s Official Statement On Courts’ Dismissal “The Trial Has Only Just Begun”

“The legal battle has only just begun.”

SM Entertainment has released an official statement regarding the Seoul District Courts decision that, “The verdict laid on the injunction filed by JYJ’s Kim Jaejoong, Kim Junsu and Park Yoochun is valid.”

On the 17th, SM revealed that, “SM and JYJ’s legal battle is still not over,” and “The decision laid down by the Courts on the 17th was made only with regards to the injunction; it does not mean that the exclusive contract between SM and JYJ is invalid.“

They continued to add, “We are currently involved in the trial on this issue and a witness examination date has been set for mid-March. We will use only the objective truth and facts to prove the validity of the exclusive contract.“

source: [edaily spn+Yuaerubi]
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[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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[NEWS] 110218 K-pop trio JYJ scores legal battle win

JYJ members (from left) Xiah Junsu, Hero Jaejoong and Micky Yuchun on the cover of their mini-album “The…”

SEOUL: Korean pop trio JYJ is one step closer to their goal of extricating themselves from a 13-year contract with former employer, entertainment giant SM Entertainment, after a court victory on Thursday, reported Korean media.

SM Entertainment had previously filed an objection against an earlier court decision, which deemed the contract between the company and JYJ unfair and ordered SM Entertainment to stop interfering in JYJ’s activities.

The company claimed that it was illegal for the courts to prevent SM Entertainment from pursuing its interests, as laid out in the exclusive contract between the company and JYJ members Hero Jaejoong, Micky Yuchun and Xiah Junsu (all former members of SM Entertainment’s boy band Tong Vfang Xien Qi).

However, Korean courts dismissed SM Entertainment’s objection and upheld its October 2009 ruling that the trio are free to go about their activities without having to pay any damages to SM Entertainment as the contract between them was unfair.

Korean courts pointed out that the 13-year contract duration and clauses which heavily penalized artistes who wanted out of the contract, “could not be justified by the investment risk undertaken by the company” for signing the artistes.

The courts also turned down SM Entertainment’s request to suspend JYJ’s contract with their current employer CJES Entertainment, explaining that the request was submitted at a time when the court order for SM Entertainment to leave JYJ alone was still in effect, which made the request invalid.

After the court victory, CJES Entertainment Baek Chang Ju expressed that he was overjoyed JYJ will “no longer be plagued by accusations of double contracts” and thanked JYJ fans for their support.

JYJ member Xiah Junsu also tweeted that he was very grateful to the fans for “not letting go” and giving JYJ the strength to keep going.

An SM Entertainment spokesperson told Korean media that the company is still working to prove that its contract with JYJ is valid and that “the legal battle between SM and JYJ is not yet over”.

-CNA/ha

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[TRANS] 110217 Courts Dismiss All SM Injunctions & “Legally Guarantee JYJ’s Independent Activities”

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

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

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

The Courts laid down the verdict that SM Entertainment’s formal objection is invalid on the premise that:
▲the exclusive contract in question can be categorized as a submissive contract as it does not give the celebrity the freedom of choice and instead forces him to follow the orders of the entertainment agency
▲the members of JYJ could do nothing but follow SM’s orders as they were placed in an inadequate position compared to SM in terms of bargaining power
▲the exclusive contract’s extreme long-term subordinate nature cannot be justified by pretexts including the decrease of investment risks and ensuring a stable entrance into foreign markets
▲other than the long-term nature of this exclusive contract, clauses including that which gives SM Entertainment direct superintendency over JYJ’s every move as well as that which calls for excessive compensation for a breach of contract strengthen the submissive nature of this contract and place the members of JYJ in an unilaterally disadvantageous position.

Regarding the injunction filed by SM to suspend the exclusive contract signed between the members of JYJ and C-JeS Entertainment, the Courts dismissed the injunction on the grounds that:
▲as long as the verdict made on October, 2009, which includes the decision that SM must not interfere with JYJ’s independent activities in the entertainment industry, is valid, SM’s request to suspend the validity of the business commission contract signed between the members of JYJ and C-JeS Entertainment is not allowed as it goes completely against the previously stated verdict
▲and stressed that SM cannot exert the direct superintendency, given to them by their exclusive contract, over JYJ’s activities in the entertainment industry as of now.

Source: [osen+DNBN]
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