Posted by: sharingyoochun | July 31, 2009

[News] Yoochun Jaejoong and Junsu for a lawsuit against SM part 3

here’s a more or lose thorough look through of the situation that is going on right now

————

Please DO NOT copy and paste this post to other forums/websites/etc without permission.

credit: stellar.remnants@soompi
shared by: sharingyoochun@wordpress

Jaejoong, Junsu and Yoochun did request a disposition (note: not a lawsuit yet) asking SM to release them from their contracts. Yunho and Changmin aren’t involved. This isn’t just a rumour, it’s FACT. What remains a rumour is DBSK breaking up, athough if the three win (which they are very likely to – read below) then it is a possibility. ‘DBSK’ and ‘DBSK Disposition’ are hot issues on Korean portal sites right now and articles keep being uploaded, and it looks like SM is removing old posts by the members on their official website.

Jaejoong, Junsu and Yoochun’s side of the story (straight from the mouth of the lawyer representing them):

  • The three members and the lawyer have been in contact discussing this issue for over 2 months now.
  • They tried to negotiate a deal with SM Entertainment to resolve this issue in the best way possible but they could not reach an agreement.
  • Therefore, they were forced to request a provisional disposition on the 31st against SM Entertainment to have them released from their contracts.
  • The main reasons for them wanting to be released from their contracts include the fact that their contracts were basically like slave contracts.
  • Their contracts were for 13 years.
  • Their earnings are split 8:2 or 9:1 (with the smaller numbers being the five members and the larger numbers being SM Entertainment. For comparison, JYP Entertainment splits 5:5 with their groups even the new ones.).
  • *Other reasons being mentioned, though not by the lawyer, include the members being overworked and SM Entertainment not being happy with the make up business the three started with their parents.
  • If SM Entertainment does not release them from their contracts, they are prepared to file a lawsuit and go to trial.
  • An official statement regarding this issue will be released by the three members soon.

SM’s side of the story (straight from the mouth of their representatives):

  • They admit that there has been some disagreement between them and DBSK recently but they are ‘shocked’ that DBSK took the issue to court.
  • They are currently having an emergency meeting and will release an official statement soon.

While DBSK probably makes the most money in SM Entertainment, don’t think for a second that SM Entertainment is smart enough to keep them. Look at H.O.T. (LSM denied they were breaking up when articles began to appear about them breaking up just like they are now about DBSK; a few days later H.O.T. announced they were breaking up) and Shinhwa (SM only wanted to negotiate new contracts with two of the members; they are amazing for being able to leave SM Entertainment TOGETHER and buy the name Shinhwa from SM Entertainment).

On the other hand, note that the three asked to be released from their current contracts. This doesn’t necessarily mean that DBSK are breaking up or that the members are leaving SM Entertainment (they could sign new contracts).

The only thing you can be sure of is the fact that the three members are not happy with their current contracts and would like to be released from them.



Responses

  1. MAY I GET YOUR PERMISSION TO POST THIS NEWS ON TVXQDREAMER
    ^im sry for using caps but once i heard this news on allkpop i was shock cant control myself so may i get your permission??

    • hey there, this is legra here…
      for permission, you can’t get it from us but from stellar.remnants at soompi.. just click on her name and you can ask her there ^^

  2. May i get this news to my wordpress!?

    • refer to the comment above alright ^

  3. what should i do???? i feel so depress rite now..
    i feel so happy to see yunho looks so happy lately..and suddenly this news come out in the middle of the night..
    why yunho and changmin dont get involved in this situation? all because their drama? but they just casted like 2/3 weeks ago rite? and in the news, it’s stated that yc, jj, and js have been discussing with their lawyers for almost 2 months..if both of them aware of this situation, why they accept the drama then???? dont u think that they need to help the other 3? dont u think that they need to be there for each other? coz if they are not, the rumor of disbanding will be arise like crazy…
    i’m so afraid that the three will disapointed of yunho..coz he is the leader,..of course they folow the leader’s opinion rite? but if the three really go to court, its means that there is no way except this..and yunhi still doing his drama happily..
    i’m afraid that yunho has changed…he is not the leader that alwys take care of the members like before..who always put the importance of the members above all..coz he is always mention that…but why it’s all happen in sudden?

    • errrr…think we shouldn’t jump into any conclusion yet.

    • Maybe, SM already signed the agreement with the producers of the drama & had pointed Yunho & Changmin to be involved in it before the other put the lawsuit to SM. If Yunho & Changmin also put the lawsuit it will backfire to them because they will not only against SM but the producers of the drama also.

      I believe Yunho & Changmin will do the same if they had finished these solo project.

      8:2 or 9:1 is too much! They are not slave!

      • no..i read dat uknow was not pointed by sm in da drama..its a formal drama(meaning doesnt hve any attachment to any agency)..changmin on the other hand..the drama he is involved in is somehow related to SM(informal drama)..dats how i read it…and anyway i know uknow n changmin wouldnt join filing the case..they juz look like the kind of guyz that dont want to meddle with sumtin so complicated..they r happy with da way they r..jaejoong n micky does look like da rebellious type..junsu i think juz tag along with the idea..

    • goodness…Yunho is just a talent…..in a contract also…he can do nothing about it..
      he cannot interfere business dealings much more into contracts that had been signed….notarized….consumated….going to court is a long process…you will never know who gonna win…one thing is sure though it is financially draining that’s why Yunho’s not into it because he knows that the contract he had signed is binding……remember… his father is a prosecutor….we should all calm down and hope for the best…. don’t try to blame anyone… it will cause us fans more hearbreak…

      • no..in the news, it stated that the three ask for disposition for their contract..if they lose *cross finger for not*, they decided to leave SM which also means that they will leave DBSK rite? so, thats why i worry..if it’s just becoz the business thingy they have, i may not be that worry..coz it doesn’t matter how many members go to lawsuit, coz its still affect the whole group..u know what i mean? so, do u think it’s possible that the two will remain in the SM while the three leave SM when they dont reach an agreement? for me, i wish they all leave together

    • sleepyhead:

      before i reply…. let me virtually hug you and kiss you.. we are all hurt and suffering right now, okay? so, i think we should joined and show love to each other to ease the pain…so group hug, honey!!!

      what am saying is, we should not blame anyone for this…. Yunho or changmin for that matter. them not joining jaechunsu because for all we know Yunho is maybe suffering and hurting right now too. he maybe supporting the three by any means but not through actions. You know the character of Yunho, he is a warm, giving type of person, so am pretty sure that he is also sad as we are that this is happening. The 3 were being represented by lawyers, obviously they have consulted those lawyers before coming up with that disposition, right? And perhaps/maybe, I want to put emphasis on this, as this is only my opinion, Yunho must have consulted a lawyer also, his father, maybe, and the advise is different from the lawyers of the three, that’s why he is not joining, as simple as that… and besides we are talking about money here… big money….

      honey, i am hurt as you are… so the most we could do right now is to virtually drink suju together if you are of legal age and if you are not that oronamin C. Loooooves!!!!!!!

      to SYC… sorry for ranting in your blog. please don’t be mad. and thank you from the bottom of my aching heart..

  4. wow…that’s bad. the income split is really unfair. fans will be really disppointed that all their $$ used to purchase dbsk products are actually paid to sm entertainment. terrible. artistes work so hard and get paid so little. worst, they are supposed to split the meagre % between the 5 of them. this is just my personal opinion.

  5. this made my heart skip a beat…
    =[

    • Me too. :( I’m praying for a good resolution for all of them! ^^ DBSK Fighting!

    • this made me cry!! :(

      while I am writing this tears start to fall from my eyes!!

      This is one of the scariest part I really don’t like to have!!!

  6. it’s hard to say something now. we must wait.
    somehow i feel creepy calm ’bout this, since they are NOT goin’ to die.
    i’m just worrying ’bout how they are not satisfied. And it is really sad, wanna them be happy. And wanna see DBSK for a long time.
    even if there would be something like breaking up, they would continue they activities. we love them as a group, and love them as individuals. guess, there’s no need to be over worrying, since it is only a romours.
    we’ll see. maybe everything will work out?.
    fighting^^

  7. oh gosh 8:2?????

    they’re not slave…. dang i don’t know if i should cry or what but let’s hope that they can come to an agreement that all of them and us…happy and relief

  8. ^
    ^
    ^
    THINK DEEPLY PLEASE!
    Don’t mind about this stupid rumor!
    In my opinion, Their earnings are split 8:2 or 9:1 IS ok! [ well 9:1 sounds stupid ]. Their costumes, hair dressesr, staffs, dancers … no need to pay for money? Oh c’mon, SM have to pay to all of this, and money for stage, decoration… THINK DEEPLY! THIS IS JUST ONLY A RUMOR, OK?

    • You’re very optimistic, aren’t you?

      But i have to agree w u, 9:1 sounds stupid

    • you are indeed naive.
      the more important thing here is about “exclusive contract” and it’s going for 13 years. the meaning of “exclusive” is that you only work for benefits of SME. you can’t generate any profits beside the one company agrees to give you. basically you don’t have a say in your PERSONAL incomes generating from any outside sources.
      just think of “exclusive contract” between u-know and envisu. if leader-shi makes any endorsements for any other brand, he’ll have to face serious lawsuit if he doesn’t pay for “damage” of breaking this “exclusive contract”.
      but that’s just an example. to dbsk, the consequences of this “exclusive clause” are more slavery than you think.

    • hey.. if lets say SM is taking 8 and how come JYP only taking 5:5? Wonder girls are in US right now… i bet their appearance in US will cost much more than having TVXQ in Japan ryte?

  9. :cry: :cry: :cry: :cry:

    i don’t know how to say
    i just hope nothing bad happen to TVXQ

    i don’t wanna see TEARS OCEAN

  10. Oh holy crap.
    I am shocked and scared but I doubt that they are going to disband.

    Let’s just all hope and pray for the best for these boys and the future and pray for their happiness because they truly deserve so much of it.

    Dong Bang Love Forever.

  11. Why is this so sudden????
    I can’t think of anything else……….
    The tear overflows uncontrollable……..
    *keep praying really hard*
    Plz give me s miracle!!!!!!!!!

  12. Please put yourself in their shoes before you speak.

    Shinwa & FTTS left SM because the same case. Shinwa & FTTS’s earning are for groom DBSK, now DBSK’s earning is to groom Suju, SNSD & Shinee.
    It will happen to Suju, SNSD & Shinee also.

    These artists are not slave.

  13. what ever happens next..
    i hope jaejoong,yuchun and junsu can be strong to face it..
    I will support TVXQ forever!!!
    fighting!!!!

  14. Really…just cant find the words..will try to think positively….syc Thank you for sharing

  15. someone who knows korean… can you please translate this : http://star.mt.co.kr/view/stview.php?no=2009080101101501677&type=1&outlink=1

    • i can’t read korean but i translated it off a translator.

      Dong Bang Shin Ki Dong Bang Shin Ki, some members of the agency SM Entertainment in an exclusive contract to the effect of the application for injunction suspended the official said.

      SM Entertainment’s official press release on the 1st through the morning, “Xiah, Hero, Micky application for injunction against an exclusive contract suspended effective July 31 the court has received confirmation that” the, “the company is very embarrassing antakkapgo seureowoomyeo identify the exact relationship is true, “he said.

      SM Entertainment said the “application for the injunction, we TVXQ not only the individual or a company because it is a group of countries and Asia, continued to be the activities of the Dong Bang Shin Ki,” said, “We also occurred in connection with cosmetics company The issue will be out for a deal as soon as possible, “he said.

      31 days of the TVXQ members Hero Xiah Micky and 3 of them signed SM Entertainment (hereafter SM) months on an exclusive contract to stop the effect he has taken legal action. But fellow member of the changmin, yunho and do not participate in litigation in the future will be with SM.

      The end of each month at 9 yunho and air changmin MBC ‘top of the head on the ground’ and ‘Paradise Ranch’ is a debut in the drama.

  16. it has something to do with SM Official Statement on the boys activities…

  17. oh my God..what the hell was going on..
    T_T *speechless*
    i was hoping for the best..
    DBSK Hwaiting!!!

    when new artist from sm debut, and they get well known, it`s like sm will set up variety jobs beside singing, like MC, or DJ on radio, or model…huff..
    SM please they are not ur slave..T_T

  18. i have no comment now.

  19. the link that i gave said something about the boys activities will/should continue..

  20. We should stand by them during this very rough patch with SM Entertainment, let them know that whatever choice they make we will ultimately always be there for them.

    Keep the faith guys, they need our support more than ever.

  21. Yunho and Changmin did not participate in the disposition because they did not invest with CreBeau. All the position presented by the lawyers about the boys contract are true but the precipitating event was the cosmetic business. SM told them they can’t use the brand TVXQ to sell their cosmetics because SM own the name. If there was a problem with only the ‘slave contract’-why did it appear only now? And why are HoMin not complaining about said ‘slave contract’? Isn’t Yunho’s father a lawyer? And Changmin’s parents professors? They seem to be smart people. But we can’t really blame Jae and company: they received a lot of exchange deals for lending their names to the company. The Audi, the townhouse, the clinics, etc. They did not invest any money. They invested their names. The names that can generate publicity and get the fangirls to blindly buy a cosmetic that uses a placenta technology that was discovered by a French company called RoC over twenty years ago. Yes, the Chinese company do not own the original patent to that technology. Makes you wonder if they’re being pressured to do this for payback of the lavish gifts. They have to deliver or they will be the one sued. That’s why Micky is with MILK and Jae Joong was caught drunk by the paparazzo.

    • yunho’ s father is an inquisitor…not a lawyer…

      are u sure it is a fact that yoochun’s audi and junsu’s townhouse are from the cosmetic company??

      isn’t it juz rumour…

    • are u sure they didn’t participate this lawsuit?

      ^^

      -Chompoo-

    • except for the last part starting “Makes you….up to the last part” which i think is baseless. i totally agree with you… no matter how we hate SM for driving the boys overworked but it’s a fact that TVXQ/DBSK name is owned by SM.. covered by some patent law… you cannot just lend it to some other company for them to used it… and earn big money from it…

      And yeah, the boys are smart people… before signing anything they must have consulted lawyers….smart lawyers… who told them that the contract is good.. that’s why they signed…. unless there’s a proof that they signed the contract under duress, intimidation..against their will…then that would be a different story.

  22. no worries?> in allkpop official news!! (?)
    i felt like losing myself in the end.. ~argh..
    it’s ok.

  23. i will support DBSK in my whole life

    no matter what will come out in the future

    hope three of them can get a better welfare

    atleast 5:5…SM is quite unfair and outrageous…

    although i thought the boys are already rich enough…~~

  24. still speechless…

    i cant think of any wrds right now…

    (T^T) i hope these matters solve quickly
    so that i could have a nice sleep through my days…

    for sure, tonight i can’t sleep well (Y^Y)

  25. *pray*….
    this is really a big and the worst nightmare…..
    *pray**pray*

    FIGHTO….ALL cassie and bigeast …..
    *pray together*

  26. the boys activities will continue : http://www.allkpop.com/index.php/full_story/sm_entertainments_official_stand_on_tvxq/

  27. me either don’t really know how to comment on this..
    but i think,they also need to do what the best for them…..because,from what i know all the members love each other very much and love the group even better and maybe the three of them cannot withstand with this matter of being like slaves of soo mann ent anymore.but still,if tvxq gonna break up,i also feel sad and i hope the problem will be settled with good resolution for everyone.tvxq,hwaiting!!!

  28. o.O … whyyyyyy!!!!
    you know what… SM ENTERTAINMENT SUCKS!!! i hate them for all this crap they have been doing :@
    and if dbsk were to split, its just to split from sm and not from each other… so let us stick up for the boys !!! HWAITING!

  29. They can leave SM and they can even leave their name.

  30. SM Entertainment stated, “TVXQ is a band that represents Asia, they must absolutely continue actitivies. The cosmetics company issue, will be resolved.”
    Thats wot has just been released as breaking news on allkpop!
    I think we can now safily assume everything’s gonna be fine?! * finger crosses*

    • edit: safely
      edit 1 : fingers crossed

  31. wow..the rumors are starting to get to me…
    I suddenly feel sad that Jae,Chun and Su might leave Changmin and Yunho behind in SM…
    But I don’t want to think that Changmin and Yunho are not very suportive towards the other three..their friendship is way to deep to abandon over disagreements with their company..I’d like to think that the two as people in between SM and the other members can actually help to make things better…hopefully…

    I hope SM would let them sign a fair new contract..SM be nice!!

  32. Update:it now looks like all 5 members r gonna sue SM for the mentioned 13 year slave contract.
    As for me,I now feel so much relieved.I mean,even if a compromise between SM and out boys was to be reached,we can be reassured that the 5 of them r united in their battle.This is wot really matters in my opinion.

  33. OMG!!!! O_O

    this is so scary…TT^TT
    i hope everything will be fine and that they dont need to break up! hope SM loses…^^;;

  34. please don’t disband.

    gahhhd, I hate SM

  35. [...] « Yoochun, Jaejoong and Junsu for a lawsuit against SM part 2 Yoochun, Jaejoong and Junsu for a lawsuit against SM part 3 & 4 July 31, 2009 part 3 can be read here@soompi or here@sharingyoochun [...]

  36. i want to cryyyyyyyyyyy
    i just feel like i can’t do anything about this and i can’t T_T and i feel angryyyyyy about SM
    oh my god i pray i pray that they are OK and they will stay together forever like they promised us

  37. Hope this is just a rumor…I really don’t like hearing this kind of stuff about TVXQ. Just think how many hearts will be broken. ;____________;

  38. i’m afraid….T_T…i hope it willl end soon and TVXQ will remain TVXQ…..

  39. everyone shouldn’t be to hyped to the rumors. I always hear tons of rumors and nearly half of them are never true.
    Currently, the only truth to this all is that three people feel like they aren’t being treated right by their company & want revisions in their contract. Everything else just seems like people creating rumors and the media hyping the situation just like they do with everything else.
    Everyone should keep their faith in TVXQ!!!

  40. DBSK should leave SM~!!!

  41. that was heart breaking…
    if dbsk breaks up, i’ll probably break too…
    just the thought of them not being around scares me…

  42. T_T
    I don’t what to be pesimist but if JJ JS and YC will leave SM do you think that TVXQ will stil exist?T_T
    I don’t think sow…But i hope that everytihg will be OK and now mather what they will not break up…T_T
    TVXQ is form by 5 members not les or more they and if they break up is gotta be hard for everybody not just for fansT_T
    Lets hope that everything will be fine
    T_T

  43. wtf…im very confused about this issue ryt now…about that slavery thing,why complain now??when they already reach many years of working under sm??…

    aisshhh….im very sad ryt now..wat f they will disband bcuz of this?? oh good heavenz…
    i will xur curse SM…ohh well im xur cassiopeia will not allow something like that…huhuhu..

    newiez i hope for the best on both parties…..

  44. THAT’S SO UNFAIR!!!
    DBSK DO THE HARDWORK!!!

    10% IS SO CRUEL!!!

    THEY SUFFERED ALOT JUST TO ACHIEVE WHAT THEY ACHIEVED NOW!!!

    SM ENTERTAINMENT SUCKS!!!

    THEY MUST THINK WHAT DBSK HAVE SACRIFICED AND SUFFERED!!!

    KOREAN FANS ARE SO GREAT AND VERY LOYAL WITH TVXQ, BUT I GUESS DBSK IS BETTER TO BE IN JAPAN! STILL KOREAN FANS WILL SUPPORT THEM…

    I FEEL SAD FOR THEM… I WAT TO CRY!!!
    I DON’T WANT THEM TO BREAK UP…

  45. Why is it the three want to release their
    contracts?

    Do they want to go in other
    company?

    What is happening?

    Are they going to solo?

    What will happen about their
    solo activities?

    Thanks for sharing…

  46. sm is basically known for not following the law according the Fair Trade Commission standards for contracts.

    Basically, jaechunsu just want to get what they should at the very least according to the law.

    Plus, many other top acts from sm like HOT, SHINWA, SES, FTTS have done the same at the height of their careers.

    So, basically, the major rumor is them disbanding. but, as a result of this case sm could disband them because he has done so with others.

  47. yunho must be happy for his promotions and projects while others are suffering, is that how a leader should act?

  48. ah… so they’re jz sueing SME for the unfair contract? fair enough. they should buy the name DBSK from SME if they win the case later (if there is one in the future).

    cheer up, girls! pray and hope for the best outcome! :D


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