Park Chang Jong laywer former member of the National Assembly, who previously dealt with big cases such as ‘Minerva’ and Park Yeon Cha case revealed his stance on the controversial DBSK Case.
He is the representative of ‘Honest People’ and in a report stated that, “it is clear the contract DBSK signed with SM is a slave contract. He asserted in the case with SM Entertainment’s battle, DBSK’s company’s acts, according to the criminal law, can be considered as fraud against minors. He criticized the 13 year contract and especially stressed that it is a fraud against minors.
According to criminal law article 384, clause 1, "this type of fraud states that taking advantage of the lack of judgment minors or disabled people can have and thus, profits from is punishable for up to 10 years of penal servitude or for up to 20 million wons of penalty.
Following, SM signed a contract with DBSK who were minors, and thus were not in conditions to make informed judgments, and made immense profit.
He added that this case must be taken as a lesson in order to eradicate the slave contracts employed by many entertainment companies. He especially pointed out the injustice parts in DBSK’s contract.
He stated:
-By setting the contract condition for 13 years, when the 5 members of DBSK were minors, SM took into consideration of their life as entertainers, and in result, tied them down for life
-Upon cancellation of contract, required for penalty 2 times the amount of future earnings
-Upon signing of the contract, did not confirm the original contract with the party
-Concerning their earnings, required the album sales to exceed 500,000 copies for the parties to receive 10 million wons the next year
Further, he stated, "the criminal acts by SM can be accused not only by DBSK members but a third party and this must be an opportunity to learn lessons eradicate the slave contracts."
Original Article can be found Here
Article Credits: Lee Jae Jun (CBS Politics)
Translation Credits: j.adore @ soompi
Shared by : TOHOSpell + DBSKNights
TVXQ's agency SM Entertainment has put forth another official statement to refute the one given by YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu's side today.
SM sent their statement to various reporters at 8 o'clock on August 3rd and the content was full of points that refuted what Sejong had stated.
SM began off by responding to Sejong's statement that there was a clause in the contract that stated that unless TVXQ sold 500K copies, they would not receive a single Won from the album sales. SME stated, "TVXQ has received, from when they debuted till now, a total of 11 billion Won (9.2 billion won given during the time + 1.77 billion won given beforehand) , luxury foreign cars (bonuses with no relevance to the contract). In contrast, SM Entertainment was in a deficit for four years after TVXQ's debut. The opposition (Sejong) has disregarded the fact that income divisions from CFs, events, and other income sources differs depending on the overall economic situation. They are only focusing on one bad side of this contract instead of looking at it as a whole."
On Sejong's statements about the 13-year 'lifetime contracts,' SM stated that, "The Fair Trade Committee's seven year contract urge does not apply to singers. Also, it states that for singers who are working overseas, there is no limit to how long the contract can be. "
SM stated that, "We have been through five changes already in the contract with the members of TVXQ. And of those two, the clause regarding compensation if TVXQ were to cancel the contract was revised by the Fair Trade Committee," and "The other three times concerned the divisions of income and the first revision was January 2004 when they debuted. The next two times were in February of 2007 and 2009."
Also, in regard to Sejong's statement that, "We (Sejong) have tried numerous times to talk with SME about a compromise," SME stated, "They have only started asking for a suspension of their exclusive contract after the three members sent us a certification of contents through the firm Sejong in June 2009."
In reference to the members' statements that they were only sleeping 3~4 hours per day which resulted in bad health, SM said, "We have always compromised schedules for their health." And in regards to the cosmetic company, which Sejong stated was not the main cause of this lawsuit, SM stated, "This (the cosmetic company) is the real reason why they filed this lawsuit. This statement can be solidified by the fact that only the three members who have ties to the cosmetic company are filing the lawsuit."
Regarding TVXQ's future, SM said, "We would like to solve this problem quickly with the three members who filed this lawsuit."
Note: 11 billion won = approx $9 million
Source: [joy news + DNBN]
Translation credits: jeeelim5@iscreamshinki.net
Shared by: iscreamshinki.net
Do not remove/add on any credits
My own opinion: If they really want to solve this problem soon and not create anymore damage coughSTOCKSFAILINGcough they should just REVISE the contract. That's what the three wants anyway. Is that hard to understand? If SM is really thinking, they better finish this soon as they can before more drastic things happen.
Recently, the famous site, micropoll, hosted a public opinion poll, about SM Entertainment artists' fans and where they are from, other than Japan, Taiwan, China and Korea. 3081 TVXQ fans left a message after taking this poll, and it is said that TVXQ has an ultra-high popularity worldwide.
The following are the findings from this poll.
TVXQ fans from:
67% of the people who participated in the poll are from Thailand
U.S.A.- 5%
Malaysia- 4%
Phillippines- 2%
Canada, Australia, Birtain, Spain, and Singapore- 1%
Other countires- 16%
The following eight were hand-picked messages and selected from oversea countires:
1. I was born in Vietnam and went to see one of your concerts. I hope oppa can come to Vietnam as soon as possible. I love you!
2. I am a Vietnamese fan. I like the five of you, and I hope that UFO Town will soon have UFOs that can be sent in English!
3. I was born in Poland and I have been to one of your concerts. I have a desire to talk to you five, even through e-mail. You are my spiritual support, and I know that many of your fans have the same desire. I hope we can meet in the future!
4. I am from the Czeh Republic. Please come to Europe and have a concert there. Czeh Republic is lovated in the center of Europe. Oppa please come! Oppa deul are the best! Bye!
5. I am French. I love TVXQ alot!
6. I'm from Albania. TVXQ, I love you!
7. I am from Indonesia. Please come here soon oppa deul!
8. I'm from Italy. I will support you, TVXQ, and so will the other Italian fans!
Source: micropoll
Translated by: ♡♥{東方神起}♥♡ @ onetvxq.com
Shared by: OneTVXQ + DBSKnights + TOHOSpell
I think the way the called Micropoll a "famous site" is a little bit misleading; Micropoll was merely the host of the poll. The poll was probably conducted at a fansite.
The following is phone interview with legal representation of the three members of TVXQ, Im Sang-hyuk from SEJONG law firm:
- What is the core of conflict?
“The irrational exclusive contract. If we review the contract standard from Fair Trade Comission (FTC), the longest duration of a contract is not to exceed 7 years. Of course, if the singer themselves who choose to develop the contract, it might be an exception, but some of given terms in TVXQ’s FTC case, the proposed standards are so unfair in many ways. It is the best way to realize these points quickly than later”
- Also the cosmetics enterprise which three member and their parents running became known as one axis of the conflict.
“The cosmetics company could be one of the reasons for the discord but not what ultimately convinced the three members to go to court. We have examined the official statement from SM this morning and noticed that SM had painted the cosmetics company as the cause in a negative light on the surface of their statement. If they think that the additional business of the members is the legal case, then it’s a mistake.”
- There’s a conclusion appearing about the crisis that the activities of 3 members who file the lawsuit will be stopped?
(I cant understand this one in details, but basically he said that the members would continue if their disposition is approved, and he hoped it would be soon. The court’s desicion is now in the middle of the most important and difficult variables and he had goal to finish the case within 6 months.)
- The possibility of winning?
“To see it on the bright side… SM Entertainment has in the past been ordered by the Korea FTC several times to reform contracts for violating the standard contract limits. TVXQ are now appealing for the parts that are different from the FTC terms.
- Before taking the legal action, it’s said that the members did not try to make consultation with the agency before.
“We have tried to solve the problem through dialogue. Members had even met directly with the agency. While I was also trying to resolve the problem through multiple channels. However, the agency ignored members opinions, therefore a legal appeal finally made. The members are very sorry to the fans as well.
- What is the conflict regarding to cosmetic issue?
“Should an agency has a fight with artists who are having family’s personal investment? Other celebrities are common to have additional business. Moreover, the three members had already made consultation process with agency representative, Kim Young-Min before they started the cosmetic business, but we feel betrayed then as the company told another story later on.
- TVXQ has already taken the step, but eventually dismantled
“We have already tried many ways, but all the efforts finally bring us here. We’re not too hasty to be in this position. We create legal procedure first before we present every single new plan. The 5 people based their activities together in SM Entertainment, therefore it will not be easy to be in our situation now. “
- Is there a plan for press conference?
It’s necessary but as for now, we don’t have any plan yet. The members are really sorry now to the fans. Actually we want to proceed this case undisturbed.
In addition, according to him as well, from Star News that the members have never been informed with the accurate details of their income from the agency. Therefore in general, the members asked a claim to clean up the damage regarding this matter. As for now, the law firm can not confirm clearly the details of income submitted in the same application.
They say, "All they are doing is fixing the unlawful clauses, they are not disbanding."
Is TVXQ Infinite Challenge? "TVXQ and their fans will be together forever."
Popular group TVXQ's members Micky Yoochun, YoungWoong Jaejoong, and Xiah Junsu filed a Exclusive Contract Validity Suspension and Provisional Disposition Request Form against their agency on the 31st.
Because of this, doubts of the group staying together after the trial were raised, but the fans, including fan club Cassiopeia, fought back and stated that these doubts were only "rumors with no credible sources."
The fans stated that, "Just because they filed this lawsuit, doesn't mean they are disbanding. And it was also wrong to state that the dispute with the company was because of conflicts between the members and the cosmetic company."
Also, they said, "They did not file this lawsuit because they wanted to disband, they filed it because they wanted to fix the unlawful clauses in their exclusive contract. The only reason they are capable of using such a strong method is because they are TVXQ."
The fans finished by stating that, different from HOT and SES, TVXQ would not disband easily.
SM Entertainment's Lee Soo Man returned to Korea from the States as soon as he heard of the 'TVXQ lawsuit' and it was found that TVXQ (U-Know Yunho, Choikang Changmin. YoungWoong Jaejoong, Micky Yoochun, Xiah Junsu) will follow their original schedule and partake in the the 'a-nation' performance on the 1st and the 'SM Town Live 09' on the 16th.
The articles basically describe twitter and the current legal stuff with TVXQ and SM but they honestly think that this is actually Jaejoong from TVXQ. It's not, but I guess we can be happy that they're getting some exposure, despite the fact that it's using non-credible sources.
Sources: Chosun Online & The Star
Shared by OMONA THEY DIDN'T + DBSKnights + TOHOSpell
Note to our readers:
No, the Twitter accounts TVXQUKnow, herojaejoong, dolphinking, MaxChangmin or any others you might be following are NOT REAL.
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