[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] 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.”

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Source: [sstv+Yuaerubi]
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