[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 + DBSKcafe

[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] 091124 SM "We Never Sold TVXQ Tickets Without Permission"

SM has released an official statement regarding the civil appeal TVXQ fans submitted to the Ministry of Culture, Sports and Tourism that pertains to the group's China concert.

On the 24th, SM stated to Money Today Starnews that, "We had originally planned twelve concerts for TVXQ's third Asia concert tour with Korean Concert Agency Dream Maker in June of 2008," and "According to the contract, all concert procedures and permission applications, as well as ticket sales are being covered by Dream Maker and a domestic concert planning agency."

They strongly stated that, "Therefore, it is incorrect to say that SM sold TVXQ's Shenzhen concert tickets in China without the permission of the Chinese government."

SM also added, "We conversed with concert planning agency Dream Maker, who was in charge of the Shenzhen concert that was to be on the 21st as well as the entire Asia tour. Dream Maker stated that there were no problems with ticket sales or permission grants for the Shenzhen concert."

SM stated that Dream Maker said, "The Chinese concert planning agency we worked with was the 'Nanjing Asia Pacific Correspondence of Culture Exchange Corporation' and they were 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." Dream Maker states that it began selling tickets as soon as permission was granted on the 21st.

SM said, "The 'TVXQ Guangdong Concert Permission Related Ratification' that was released on October 28th was related to the documents and visas foreign artistes needed to perform in China, and had nothing to do with ticket sales."

They continued by saying "We are having to pay compensation to the Chinese concert planning agency as the Shenzhen concert was canceled," and "To say that we would sell concert tickets, then cancel the concert on purpose is just a spiteful statement; we would like it if people stopped saying false accusations that are far from the truth."

Source: [money today starnews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[TRANS] 091123 'They Sold Tickets Without Permission' TVXQ Fans Submit A Civil Appeal To The Government

▲The China, Guangdong Culture Board's Shenzhen concert Approval According to the statement released on the Guandong Culture Board's webpage, TVXQ's Shenzhen concert officially received permission on October 28th. However, SM began selling tickets for the concert in late September.


TVXQ fans have submitted a civil appeal against SM Entertainment to the government stating that the agency began selling tickets of the Shenzhen concert, originally scheduled for the 21st, before they received permission from the Chinese government.

TVXQ fan site 'DNBN' submitted a petition under the name 'SM Entertainment's Disregard for the Chinese Administrative Procedures may obstruct Culture Exchanges between Korea and China' to the Ministry of Culture, Sports and Tourism on the 16th.

They pointed out that, "On the homepage of the Guangdong Culture Board, it clearly states that SM received permission for TVXQ's Shenzhen concert on October 28th," and "Ticket sales began in late September, therefore, SM was selling tickets without permission from the Chinese government."

They especially stated that, "The fact that China has administrative procedures for such an event implies that SM is publicly disregarding another country's administrative procedures," and "Such ticket sales could not only hurt the image of the Korean Entertainment industry, but the image of the country as well. What SM did resembling gambling in which the future performances of Korean singers in China are on the line."

They also added, "Till now, SM has been getting permission for Chinese concerts at least 4~6 months before the concert date for their singers and then proceeded to sell tickets, but this concert seems to be the only one that SM rushed to get."

In the appeal, these fans asked that the official dates of permission application and permission for the Shenzhen concert as well as the ticket sales period be checked thoroughly. They also asked for action to be taken against the act of selling tickets before permission was given by the Chinese government.

On the other hand, a representative of the Ministry of Culture, Sports and Tourism stated, "Although there is no way for this ministry to personally go into agencies and watch over what they do as entertainment agencies are free enterprise businesses, we can call a representative of SM forth to clarify and set regulations so that such an event will not occur again."

This representative also said, "In China, permission must be given before advertising or ticket sales are allowed, so we do not know why SM acted in such a way," and "If the Chinese government feels that there was a problem in the administrative steps of the procedure, the future culture exchange between the two countries may be endangered so we would like SM to be more careful from now on."

Source: [ohmynews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[NEWS] 091124 Selling Tickets Without Government Permission, TVXQ Fans are Complaining to SM

TVXQ fans has filed a complaint to SM (CEO Kim Young-min) to relevant department about the starting of ticket sales of Shenzhen concert scheduled on last November 21st before getting any permission from China government.

On last November 16th a complaint file entitled “SM Entertainment ignores China’s Administrative Procedure-A concern to China Cultural Exchange Inhibition” was received by Department of Culture, Sports, and Tourism from TVXQ fansite DNBN.

“According to the complaint filed in homepage of Department of Cultural Affairs, the official approval for TVXQ concert that was supposedly held in Shenzhen, Guangdong province, China was out on October 28th, however the ticket sales was already accomplished at the end of September, eventually SM had sold concert tickets without any permission from the Chinese government.” the fansite pointed out their complaints.

“Eventhough now there’s a ticket refund for the audiences that are supposed to go to the concert hall, however it’s still not considered transportation costs, visa fee to enter China for especially foreign audiences including the opportunity costs damage everyone has suffered.”

(the screen capture of TVXQ’s fans complain in Ministry of Culture website)

In particular they continued, “SM ignored the administrative procedure as they announced the concert to public in the process of China’s approval. This unreasonable South Korea Entertainment ticket sales could leads to national image damage as the Chinese government would think other South Korea singers may do the same act of holding concert before getting any permission.”

“Usually SM artists’ concert is held at least 4-6 months after gaining the permission, thus this process of Shenzhen concert is definitely unreasonable.”

Towards this accusation, SM official responded on the 24th to Star Money Today, “TVXQ’s 3rd Asia Concert in Shenzhen is their 12th stops which was planned already when the contract with Dream Maker was signed back then in July 2008. Under the agreement, all aspects that are related to the concert including ticket sales and permission approval from local government are obliged to Dream Maker.” he said.

“Therefore, the claim of selling of TVXQ concert in Shenzhen ticket without any permission from Chinese government shall not be directed to SM.” he strongly refuted. “We also had contacted Dream Maker earlier about the plan to conduct the last November 21st-scheduled TVXQ Asian Tour in Shenzhen and they confirmed that there’s no problem at all in ticket sales and any related legal procedures.”

Dream Maker, in other side, explained, “For this last stop of concert in China, the Ministry of Culture of RRC autorizhed TVXQ’s concert on last October 21st. ‘The content of Korean TVXQ Guangdong (Shenzhen) concert agreement is ratified by the Ministry of Culture [2009] No. 2146′”

SM said, “(related to fans’ complaint) the permission approved by the Cultural Affairs of Guangdong Province issued on October 28th was unrelated to the ticket sales permission, it’s merely about visas for foreign artists which will perform and relevant documents and information submission.”  he also added, “Because the cancelation of concert in Shenzhen, we’re now in the situation where have to pay for the  damages. As we already sold the tickets, canceling a concert is definitely not our intention. In the future we hope there’s no more false claim like this being refrained.”

source: ohmynews + star-mt
sum trans credits: sharingyoochun@wordpress

[NEWS]091124: SM "working on having all five member make an appearance." quoted by SM.

[NEWS]091124: SM "working on having all five member make an appearance." quoted by SM.

TVXQ to appear on NHK's "Red and White Song Battle"

Korean idol group TVXQ is set to appear on NHK TV's "Red and White Song Battle" next month,
according to the Japanese broadcaster's website.

NHK announced on its official website on Tuesday that the K-pop boy band will appear on "Battle",
which has been Japan's signature year-end festivity for the past sixty years.

The show brings together the most successful music acts in the country and Asia and divides them
into two teams -- the Red Team for female artists and the White Team for male artists.
The singers or groups perform for their teams and the winning team is decided at the very end of the show,
which ends shortly before midnight.

According to the report by NHK, TVXQ will be performing for the White Team which includes 24 other
top singers and groups such as Arashi and SMAP.
This makes TVXQ the only Korean artist to appear on "Battle" for two consecutive years.

TVXQ, a five-member boy band, is one of most successful K-pop acts in Asia.
Recently, the group has not been performing as a group since three of its members are
currently in a legal dispute with their agency SM Entertainment.

SM, however, was quoted as saying that they are "working on having all five member make an appearance."

"Battle" airs live on NHK channel on December 31.

Always Keep The Faith!

Credit: asiae.co.kr News
Shared by: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thank you!

[NEWS] 091124 SM Entertainment VS 632 Fans

[NEWS] 091124 SM Entertainment VS 632 Fans

The 632 fans of TVXQ, Super Junior, SNSD, and SHINee are in process of filing application of collective disputes against SM Entertainment-Dream Maker for the cancellation of the planned August 16th SM TOWN LIVE ‘09, demanding compensation for property and mental damages.

Korea Consumer Agency (KCA)’s Consumer Dispute Resolution Committee on last 23rd was asked by applicants related to the case of unilaterally cancellation of “SM TOWN LIVE ‘09″ as they demanded property and mental compensation which follows in collective dispute resolution procedure process on the 24th.

Dispute Resolution Committee initiated this collective dispute resolution procedures, and the committee will receive registration from other victims of this issue to have the same batch remedies from November 25th until December 9th.

Consumers that are willing to apply can log in to Korea Consumer Agency website (www.kca.go.kr) – consultation area (상담 마당) – dispute resolution group (집단분쟁조정), ones need to apply in order to join the collective resolution remedies.

Applicants must be ones who purchased Dream Maker Entercom’s “SM TOWN LIVE ‘09″ through domain auction and in case the applicant is a minor (a person who is under the age), the minor’s parents must apply for the participation as legal representative on the minor’s behalf.

The presentation of this case is about the past contractor’s act of concert postponed or canceled unilaterally therefore asking for liability to refund for any damages had been occurred.

source: eto.co.kr
trans credits: sharingyoochun@wordpress

[TRANS] The unfortunate story behind Mnet and SM Entertainment

Last night's MAMA, hosted by Mnet, was certainly a feast for numerous Kpop fans out there. However, as enjoyable as it was, the event was (and still is) swamped with layers of controversy, with SM Entertainment's boycott being the eye of the storm. Mnet and SME appear to be mortal enemies, but many still remember the fact that they used to be very friendly with each other. Exactly what made them become such bitter adversaries? Let's examine the dispute between Mnet and SME.

What exactly is Mnet?

Mnet is a media company owned by CJ Media which focuses on music, media, entertainment and web content business. CJ Media is a part of CJ, a South Korean conglomerate that is one of the top five largest companies in the country. Mnet is involved in pretty much every aspect of the entertainment industry, ranging from album production, distribution, sales, management, television broadcasting, online media and many other businesses. With these expansion, Mnet has become a giant in music industry, with market share of 44% in album sales and over 20% in online music sales.

Mnet and CJ are also shareholders in major entertainment companies DSP Entertainment and YG Entertainment. Although they own no more than 20% of shares from each company, the fact that CJ is a conglomerate means the aforementioned companies are now affiliates of CJ. Smaller entertainment companies with famous names such as Shinwha, Kim Dong Ryul and Wheesung are "affiliates" of CJ as well. Similarly, 30% of JYP Entertainment is held by SK, another conglomerate that is one of top 5 largest companies in Korea, making JYP a faction with as much support as Mnet has.

How has SME and Mnet's relationship developed over the years?

Before 2008, SME and Mnet were quite friendly. MKMF, now known as MAMA, featured numerous artists from SME which were given many awards. However, during 2008, Mnet proposed to SME that they would like to be the distributor of music produced by SME; in return, Mnet would receive certain percentage of profit from the sales. Mnet had already been distributing music of JYP, DSP and YG, and with the right to distribute SME's music they would become undisputed leader in the industry. SME refused the offer as they had the ability to distribute their own music and did not feel the need to pay Mnet for a job that they could do themselves. Mnet undoubtedly held a grudge against SME for obstructing their dominance of the industry, and the friendship ended there.

CJ has also attempted hostile takeover of SME but failed. If they had been successful, CJ would have acquired control of Korean entertainment industry. These facts have not been well-publicized, until recent controversy involving SME and MAMA have brought the public's attention to the relationship between the two parties. With SNSD's Gee and MAMA, we have now witnessed the nature of their relationship.

How does MAMA play into this tense relationship between SME and Mnet?

One of the biggest controversies brought on by MAMA was the fact that the three members of TVXQ, Jaejoong, Yoochun and Junsu, made their appearance for acceptance of Best Representative of Asia Award. Although some may argue that SME's outrage was uncalled for, and that the trio is free to do whatever they want, the choice to make an appearance at an Mnet event was deliberate and could not have been a spontaneous, wanton decision.

So what's the significance behind TVXQ's appearance?

Many have suspected that the three members were able to act in such bold manner against SME in recent months because they were being supported by an organization more powerful than SME. With their unabashed appearance at MAMA, it now appears that Mnet and CJ might be the ones that have the three members' back. It is very possible that CJ and Mnet are backing the three members in order to win their fight against SME for dominance in the industry. If that is so, then TVXQ members have become mere pawns in a battle between two corporations.

SME, a company now known for its oppressive, big-corporate attitude towards its artists, is ironically under attack from one of the largest corporations in Korea. Both companies are profit-motivated organizations that are pursuing whatever action that generates more profit, so there is no good or bad in a situation like this. What is unfortunate, however, is that the artists have become the victims in this corporate power struggle. TVXQ, SNSD, and SHINee are all victims in this dispute between SME and CJ/Mnet; MAMA could merely have been the beginning of penance for these artists.

Source: allkpop.com
Translation: delacroix@allkpop.com
Credits: OneTVXQ.com

[TRANS] 091121 SM "The Three Members Had No Right To Receive The Award As The Representative Of TVXQ"

SM - "The three members do not represent TVXQ!"

TVXQ's YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, who are locked in an exclusive contract lawsuit with their agency, attended the '2009 Mnet Asian Music Awards' at the Seoul, Jamshil Indoor Gymnasium and received the Best Asia Star Award.

To be exact, these three members of TVXQ accepted the award on behalf of all five members who received the award for their activities in countries around Asia.

With regards to this, agency SM Entertainment stated, "The three members of TVXQ had no right to receive the award on behalf of TVXQ."

They also said, "If Mnet was planning on giving an award to TVXQ, they should have contacted SM Entertainment for a replacement receiver but instead they invited only the three members and gave them the award. This is unacceptable."

A representative of Mnet stated, "We invited all five members of TVXQ to receive the award. However, two members did not respond, and the three other members came to receive the award," and "There were no problems with the receiving of the award as the three members even talked of the two members who could not attend in their acceptance speech."

Source: [sportschosun+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[TRANS] 091120 TVXQ 3 Members "We Never Signed The Shenzhen Concert Contract

"The Shenzhen Concert Note of Confirmation, we never signed it ourselves."

Three members of group TVXQ stated that an unauthorized use of their signatures was used for the documents relevant to the Shenzhen concert. Xiah Junsu, YoungWoong Jaejoong, and Micky Yoochun's representative stated on the 19th that, "We realized only recently that the signatures of the three members of TVXQ were being used without authorization. The signatures on the Shenzhen concert note of confirmation were not signed by the three members themselves, but somebody else signed the paper instead."

The three members side found out about the unauthorized use of their signatures on the note of confirmation after their Korean and Chinese fans questioned the validity of the signatures. The note of confirmation in question was the document that recognized the singer's willingness to attend the concert in China. This document was then shown at the location of ticket sales in order to prove to ticket buyers that the singer would indeed be attending the concert. Sejong Law Firm's Lawyer Lim Sang Hyuk of the three TVXQ members stated, "Setting aside the validity of the Shenzhen concert contract, this act was an action that brought misunderstanding to the fans. We are planning to take counteractions against this action officially."

Sejong also released a hand written document of Mr. A who says he signed the note of confirmation instead. He also showed the actual signatures of Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun to show that there were clear differences in the signatures. according to the hand written document, Mr. A "Signed the Shenzhen Concert note of confirmation instead of TVXQ in March." Mr. A's claims are to be investigated.

Lawyer Lim stated, "On the 19th, we requested for a judgment by an expert on the signatures on this note of confirmation and the members' original signatures. Even just by seeing it, you can tell that there is quite a big difference."

He also said, "When this lawsuit was initiated, the three members promised to perform all preassigned activities. However, the Shenzhen concert was not one of them. The members found out about the Shenzhen concert during the procedures of the lawsuit." He also said, "Even the fans new that there was a problem with the signatures on the note of confirmation. Therefore, we asked SM to show us the details of the Shenzhen concert contract but SM did not comply."

One representative of Korean music industry, "In the case that the singer in an agency is busy, there are times when a representative signs the papers instead after telling the singer of the concert or the schedule." This representative also stated, "When the relationship between the agency and the singer is good, there are no problems . In such a case, I believe that it has become a problem due to the deteriorating relationship between SM and the three members of TVXQ."

Source: [sportshankook+DNBN]
Translation credits: jeeelim5@tohosomnia.net
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[TRANS] 091118 Mirotic in Shenzhen concert tickets refund

Guangzhou Star Great Standard Culture Art Company (no idea about this! company names are hard to translate)

Shenzhen straw synthesis manufacture Limited company (same with this! its more literal translation.. so probably wrong):

The TVXQ concert originally scheduled for November 21, 2009 in Shenzhen stadium, due to certain reasons the performance will not be held on schedule. Presently, our company, SM, and DBSK members are consulting to postpone this concert. To guarantee social stability, we must establish stability among the fans.

So from November 21st, 2009 to January 20, 2010, fans that have already purchased the tickets can choose to return the tickets, or they may also wait for our company, SME, and TVXQ to come up with the result. If the concert is successfully postponed, the ordinal tickets for seats remain effective.

If you have questions regarding returning the ticket, we will release an official statement November 19th 2009, fans can call 4006103721.

Our humble apologies (something along that line)!

source: monlee09@baidu

trans+summarize credits: sharingyoochun@wordpress

[TRANS] Shenzhen Concert tickets were sold before SM attained government permit

The Chinese government performance permit was signed and issued on October 28th, 2009, while SM started selling the tickets for the performance in September after the provisional disposition was filed, which means they started selling the tickets before obtaining the Chinese government permit.

In the following picture are two permit. The first one is obtained on October 28th for the Shenzhen concert, it was then updated on November 3rd. The second half is the permit for the Bejing concert. For both, the dates the permits were attained have been underlined.

So basically, SM began selling the tickets before they were certain whether the concert will happen or not. Even though SM specifically said they knew about all the stops in June 2008 for the tour, there’s no way they could have been certain of this particular concert until October 28th of this year.

credit: RockJJ
trans+shared by: sharingyoochun@wordpress

[NEWS] SME To Give TVXQ New Contracts?

“Kim Young Min, who attended the press conference which was held on the 2nd of November 2009 at 63 Tower, has expressed, “We would collect all comments from music and entertainment industries, related government departments, cultural and tourism board, fair trade departments, educational circles and legislative bodies, based on the law to adjudicate a new contract policy. After the approval from the respective authorities, we would then put it into action. Then follow it (new contract policy) enthusiastically.”

Kim agreed, “If we are able to come out with a new exclusive contract policy based on the law, SM would like to re-contract with all current artistes based on it.”

Kim also expressed, “Under the new exclusive contract, from the moment it’s signed, it would be protected till the contract ended, if not the current situation would repeat over and over again in the future.”

“In order to prove what I have just said is nothing but the truth, we would first like to take the advice from the impartial committee,” he said.

But, everyone was not able to fully believe this announcement by SM Entertainment. Professor Lee from Korea Art University stated, “If SM do not wish to have what they have just said to turned into nothing, then they should assure them.” He continued, “Based on what SM have said, they do not wish to fully take on the advice from the impartial committee, but to forcefully come out with a new contract policy, which was questionable (their announcement).” Professor Lee ended, “If SM was really sincere about this, they should work on the new contract based on the advice and not vice versa, and then to get it approved by the representative authorities.”

source: allkpop

[TRANS] 091106 Unfair Contract Dispute, SM has Changed its Stand?

SM Entertainment CEO's Kim Young Min, who is involved in the ‘unfair contract’ dispute with his artistes, has recently announced a new contract policy, and that it will be put into action once it gets approved by the related authorities.

SM Entertainment Representative, Kim Young Min, who attended the press conference which was held on the 2nd of November 2009 at 63 Tower, has expressed, “We would collect all comments from music and entertainment industries, related government departments, cultural and tourism board, fair trade departments, educational circles and legislative bodies, based on the law to adjudicate a new contract policy. After the approval from the respective authorities, we would then put it into action. Then follow it (new contract policy) enthusiastically.”

Kim agreed, “If we are able to come out with a new exclusive contract policy based on the law, SM would like to re-contract with all current artistes based on it.”

Kim also expressed, “Under the new exclusive contract, the moment it’s signed it would be protected till the contract ended, if not the current situation would repeat over and over again in the future.”

“In order to prove that what have just I said is nothing but the truth, we would first like to take the advice from the impartial committee,” he said.

But, everyone was not able to fully believe this announcement by SM Entertainment. Professor Lee from Korea Art University stated, “If SM do not wish to have what they have just said to turned into nothing, then they should assure them.” He continued, “Based on what SM have said, they do not wish to fully take on the advice from the impartial committee, but to forcefully come out with a new contract policy, which was questionable (their announcement).” Professor Lee ended, “If SM was really sincere about this, they should work on the new contract based on the advice and not vice versa, and then to get it approved by the representative authorities.”

Source: OhmyNews + OhMicky
Translation: sshutingg @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }

[NEWS] 091104 TVXQ: Slave contract or ingratitude

"It is a case of national fraud which has been concealed by words such as 'human rights' and 'slave contract'," SM Entertainment CEO Kim Young-min calmly read from a press release stating the agency's position regarding three members of TVXQ applying for provisional disposition of their contract with SM. But the remark, made during a press conference Monday morning, were beyond expectations. Kim went on to argue that the legal dispute came to light because of a cosmetics business which Micky, Hero and Xiah took on without discussion with SM. "They violated the contract first for their own gains and took legal action to cover it up," he said, adding that the court "will be protecting their individual egoism and ingratitude" if it rules in favor of the three singers.

But even more surprising was TVXQ members' U-Know and Max's position on the issue, revealed through a press release during the press conference. The statements, signed by the two, read: "We cannot believe that TVXQ may collapse because of a cosmetics business" and their fathers said the other three members were using the issue as "an excuse to cover up the fundamental reason (cosmetics business)". The statement by the two members are meaningful in that they could turn around the focus of entire case. Below are the main points at issue.

 

I. Background on legal dispute

 
Micky, Hero and Xiah applied for provisional disposition of their contract with SM in late-July, stating it was actually a 'slave contract' for the following reasons: ▲ TVXQ had signed a ten-year contract with SM which was renewed to a total 13 years ▲ TVXQ would not receive any profit from album sales unless over 500,000 copies were sold (altered after February 2009) ▲ If any member of TVXQ cancelled their contract with SM, that individual would have to compensate by paying twice the amount of the profit they would make in the future. The three declared the contract was not fair and wanted it corrected.

Meanwhile, SM argued during their press conference this week that the three members' business with cosmetics brand CreBeau was at the root of the dispute. SM said through a press release that the singers took legal action after starting to clash with the agency over their cosmetics business. According to SM, the three members requested a court to nullify their exclusive contract with the agency after the following incidents: ▲ The three signed a contract with CreBeau which would entitle them to five percent of the company's sales as royalty and held a promotional event as TVXQ without consent of their agency and ▲ The three declined to shoot a commercial for a major cosmetics brand because of their own business. SM's logic is that the three did not take legal action because of the contract they call unfair but to fulfill their bigger desires. CreBeau filed a lawsuit against SM for libel soon after, stating that "each members invested only a certain amount of money in the business, their intellectual property such as their names or photographs were never used, and they do not have a say in management of the business at all."

 

II. Legitimacy of their contract

 
Last week, the Seoul Central District Court made an interim court ruling, saying SM cannot sign contracts in opposition of the opinions of the individual's of TVXQ and will not interfere with their activities as a celebrity until a final verdict is made -- acknowledging there could be problems to the contract, based on legal standards. The three have also declared they have not received any of their share of profits since February this year.

But SM stated it had accepted most of the members requests to have their share in profits increased. According to SM, ▲ TVXQ voluntarily made the decision to sign a 13-year contract with SM who had guaranteed investment and support in their vision ▲ SM corrected the terms regarding compensation over cancellation of the contract in 2002, 2007 and 2008 upon recommendation by the Fair Trade Commission and ▲ SM agreed to greatly increase TVXQ's share of profits starting February 2009 and applied the term retroactively to the profits they made starting late 2008.

SM also stated that a wrong decision by the court could "bring the downfall of the industry's system which made 'hallyu' possible through long-term investment and raising stars". They went onto argue that, "If a contract, originally signed between two parties upon their consent and free will, is not valid after the success (of a singer or actor), this will bring confusion to the entire entertainment industry...... Many similar cases in the future will arise where they will try to come up with some sort of reason or excuse not to stick to their contract." SM emphasized on the special nature of the industry which invests large amounts of money to create a single idol group and that the contract was signed upon mutual consent.

 III. Future of lawsuit

``The court's recent decision has temporarily granted the three members the rights to do their individual activities, but they can only work as TVXQ under the agency,'' SM said during the press conference. They also declared that they will ask the three for financial compensation for the losses and damage incurred upon the group and the agency with the ongoing legal action. And SM gave the three members a 10-day deadline, till November 12, to decide on whether they will be part of the team to resume their activities in Korea next spring.

But it is uncertain how much of an influence SM's argument will have on Micky, Hero and Xiah. Even if SM's remarks are true, the ongoing legal dispute is over provisional disposition of the contract itself and the court has already made an interim ruling based on whether their contract with SM is unfair.

IV. Will TVXQ continue to exist?

The biggest incident during the press conference was that U-Know, Max and their fathers revealed their stance on the issue -- showing their support for SM which widened their gap with the other three members. Till then, both parties had refrained from making emotional reactions toward each other because they both wanted their group TVXQ to last. But now, the dispute may turn into an expose. If the dispute up till now was about the contract between SM and the three members, there is a chance that they now might battle over whether the group will continue to exist. Of course, both sides have said they wish to remain in TVXQ but it seems impossible that they will be able to do without scarring each other. Will they be able to continue to exist? The case is now set at an important crossroad.

Senior Reporter : Kang Myoung-Seok two@10asia.co.kr
Editor : Jessica Kim jesskim@asiae.co.kr
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[NEWS] TVXQ members threatened with expulsion

The ongoing legal feud between three of the five members of the popular boy band TVXQ and their management agency, S.M. Entertainment, has now entered a critical phase.

In a press conference held Monday, S.M. Entertainment issued an ultimatum to the three band members - Xiah Jun-su, Micky Yoo-chun and Hero Jae-joong - saying they must decide whether to return to their original contract by Nov. 12 or quit the band altogether. The management agency added that they would appeal a recent interim court ruling made in favor of the three band members for a provisional disposition, which temporarily terminates the exclusive contract between the group and the agency for the duration of the dispute.

In the dispute that started this summer, the three band members claimed their contract with the agency is akin to a lifelong agreement and is therefore unfair.

The other two band members - Max Chang-min and U-Know Yun-ho - spoke out against their bandmates for the first time through a written statement released by the agency at the Monday press conference.

“We think that TVXQ cannot exist anywhere but in S.M. Entertainment,” the statement said. “S.M. is the only agency that understands and can make TVXQ the best - it would be unthinkable for TVXQ to work under a different agency,” it added. “We hope that the three band members will return quickly so that we can perform together as TVXQ again.”

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link: http://joongangdaily.joins.com/article/view.asp?aid=2912124

source: JoongAngdaily
Shared by: SOOMPI + DBSKcafe

[NEWS] Lawsuit may lead to TVXQ split

By Ryu Seung-yoon

The possibility of Korea's top idol group TVXQ disbanding is increasing, after their agency sent an apparent ultimatum to three of the five-member boy band to return to the agency.

Speaking at a press conference on Monday, SM Entertainment chief Kim Young-min accused the three members -- Xiah, Hero, and Micky -- of having sued against the company out of greed to make more money.

Kim was speaking about the ongoing legal battle between the three members and the company. The three band members claim the contract signed between TVXQ and the management agency is unfair.

Last month, a lower court sided with the three and ruled that parts of the contract should be invalidated, paving the way for them to resume individual music and advertisement careers.

The agency vowed to bring the case to a higher court, saying the three must follow the contract as long as they continue to be part of TVXQ, and should get paid according to the current contract.

The other two members -- U-know and Max -- rendered their support for the management agency's claim, expressing hope that the other three would return quickly.

In their statement, the two stressed that all members have worked under the same contract with SM Entertainment for the past five years.

"We believe that TVXQ would not have been in existence without SM Entertainment, which created the group. We are also not willing to resume our career as TVXQ without our current agency," the statement said.

In a related movement, SM Entertainment chief Kim made it clear that although the court granted freedom to the three members to pursue individual activities, they are allowed to work as TVXQ only under SM.

The company demanded that the three members reply to its request to return to the agency by Nov. 12.

But it is widely viewed that the three are unlikely to continue to work with the management agency due to deep distrust between the two sides.

credits: koreaherald
shared by: soompi +DBSKcafe

[TRANS] 091102 TVXQ Fanclub: "Stop actions trying to divide TVXQ!"

TVXQ's fanclub Cassiopeia has expressed their official stand on SM Entertainment's press conference.

On the 2nd of November, they have stated their official standpoint through a fansite.

Cassiopeia expressed, "Everything, excluding the words directly from TVXQ, we do not believe, and we would like SM to stop trying to divide the fans by causing confusion/chaos." and "We are very disappointed, and saddened with SM by saying those statements were by Yunho and Changmin, and also with the press conference. The reason for this lawsuit is because of the 13-year slave contract, not because of the cosmetic business. With the court’s decision released on the 27th, SM is to not interfere with the three members’ own/individual activities, and would immediately like for SM to stop with their actions on trying to divide the TVXQ members."

At the same time, with the release of Yunho’s and Changmin’s statements, suspicions were roused among the fans. Many questions were raised, like the position of the signature and name, and the doubt that it may not be handwritten. Conflict between SM and the fans will seem to continue from this point on.

Source: Sports Chosun
Translation: 2MY @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
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[INFO] Summary of the Judgment of JaeChunSu's Petition for Preliminary Injunction to Void Exclusive Contract

Current stage of proceedings – Preliminary Stage, still needs to wait for actual trial

What was granted – temporary suspension of the exclusive contract + JaeChunSu can engage in independent activities + SM cannot compel JaeChunSu to participate in entertainment related activities (otherwise it has to pay $10,000,000 KRW per violation)

Why - “basic relationship of trust that is the foundation ...has already crumbled” (3B) and if the actual trial was prolonged, JaeChunSu would basically be receiving little or no income if they were not allowed to pursue independent activities

Why the rest of was not allowed – because possiblitiy that TVXQ may continue as a group + ratio of distribution of revenue are difficult to calculate (3C)

On the issue of 1,000,000,000 KRW – the reason why the Court needs JaeChunSu to pay a deposit (or a bond insurance) is because in the case where SM wins, the court has to ensure that they have enough money to compensate SM (it is a common practice to request the party with a weaker financial position to provide security)

VERY VERY Important points raised by the Court in its reasoning –

 On negotiating powers when accepting the contract – ONE SIDED
o 2B1 – The Court rejected SM’s claim that JaeChunSu has equal or superior negotiating powers in accepting the contract.
o 2B5 – “an extremely one-sided contract”

 On the 13 years contract period – EXCESSIVE
o 2B2 – the earliest date the contract ends is 13th January, 2017 excluding the conscription period. On the length of the contract, the court commented it is the longest amongst all provided examples (apart from Boa and Yoo Young Jin’s 15 years)

 On the amount of damages JaeChunSu has to pay if they terminate the contract – SLAVE CONTRACT
o 2B3 – court hints that it is unfair as SM can terminate the contract without itself paying damages
o 2B4 – court concludes that the provisions on damages goes more than the original intention (of compensating the injured party i.e SM)
and instead “absolutely blocks the Petitioners [Jaechunsu] from exiting the Contract for the sole purpose of maximizing the profits of the Respondent [SM].”
“ By doing so the provisions act as a device to enslave the Petitioners to the Respondent for the abovementioned contractual period of 13 or more years and the court finds it difficult to sanction such them as they are” [seems like the court cannot help but agrees with the lay term ‘slave contract]
o 2B5 – court believes that such contracts does nothing but to solidify the monopoly of large entertainment companies in Korea

 Conclusion –
o The contract is “contrary to the public morals and social policy, or otherwise void because it exceeds what is rational for the length of a contractual term”
o Unless SM modifies almost all of the important parts of the contract, including the contractual period and clause on damages in case of termination, this contract is likely to be void because it imposes on JaeChunsu an “unjust burden”

 Afternote –
o After the entering of the original contract (you can find the dates under 1C as listed in the table), there were 5 subsequent supplementary agreements. The last agreement is dated 6th February, 2009. [note from writer – this is the point of time where JaeChunSu claims they have not been receiving income therafter. It is unknown what amendment have been made which brought forward such claim]

Credits: pinkwings @ OneTVXQ.com

[TRANS] 091103 Lawyer Park Chan Jong 'SM Must Stop Their Devious Actions'

Source: [breaknews+DNBN]

Translation credits: jeeelim5@tohosomnia.net

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