To solve this problem, SME side must give in
On the 28th, TVXQ’s three members (Hero Jaejoong, Xiah Junsu, Micky Yoochun) filed a lawsuit against SM Entertainment to suspend the exclusive contract and asked for 3 billion won in compensation. However, SM Entertainment continues to hold a firm stance, instead of fixing the problem, the effect of the ordeal has worsened.
At the same time, people have expressed that if this issue is not solved as soon as possible, it would effect the hallyu wave. Lawyer Park Chan Chong noted: “Many people abroad understands that TVXQ is a cultural heritage from our country that should be cultivated and protected. And since the lawsuit between TVXQ and SM Entertainment arose, TVXQ could not continue activities normally, which brought great losses for the country.” He is very anxious. Also, lawyer Park Chan Chong expressed his views regarding this matter: “based on the contract terms between TVXQ and SM Entertainment, terminating the contract is impossible. However, it does contain the unfair slave contract, and this contract was signed when TVXQ were 19 and underage, so according to law, they can sue SM Entertainment for using underage teens for “illegal benefits” (349) as well as fraud fraud (348).
July of 2009, TVXQ had filed a contract suspension injunction against SM Entertainment, and at the same time SM side filed a lawsuit demanding the trio pay 2.2 billion won for compensation. Then, June 28th, 1010, the trio asked for 1 billion each, or 3 billion total won for compensation from SM.
For the best conclusion of this case, lawyer Park provided three solutions.
1) End the current working status where the trio and duo doing separate activities, let the 5 members return to working together as before.
2) The main reason for the conflict is because of SM, SM needs to solve the problem and give in.
3) Whether the contract is fair or not should be determined by the courts.
At the end he expressed, all the fans abroad loving and cherishing TVXQ hope to see the five members on one stage soon. Hope SM Entertainment will not forget or overlook this hope and anticipation.
source: pop
credit: kingtvxq
trans+shared by: sharingyoochun.net
sharingyoochun
wasur3naid3
piao
ayu333
first!!!
By: Leyunism on July 2, 2010
at 1:11 am
1) End the current working status where the trio and duo doing separate activities, let the 5 members return to working together as before.
2) The main reason for the conflict is because of SM, SM needs to solve the problem and give in.
3) Whether the contract is fair or not should be determined by the courts.
Like LOL, we know that.. You don’t even have to be a lawyer to come up with those solutions!
By: boojaena on July 2, 2010
at 1:11 am
that’s how law and court’s work darling…….
By: tohoshinki on July 2, 2010
at 8:54 am
i already think about thats solution since the pase activities..heee..but never mind…at least they come with solution….
By: forevertogetherdbsk on July 2, 2010
at 9:34 am
Well even if sm is willing to change the contracts NOW, it’s too late.
You’ve hurt the trio’s heart and trust with those accusations of fraud etc etc
I can’t think of any solution now unless they let the trio under different agency. But I doubt the relation between the 5 will still be good that way. I mean, jyj hate sm and homin love sm, so… How?
By: Shakee on July 2, 2010
at 1:12 am
It’s not that simple… HoMin don’t “love SM”, or at least from what I understood, they envisaged taking part in the lawsuit as well, but decided not to do it because TVXQ’s activities would be put to a stop (I think that’s what JYJ lawyer said). And I don’t think JYJ “hate SM” as well, even if they probably lost their trust in the company now.
The main problem is SM, and if they’ll let the trio participate with HoMin as TVXQ avec if they join another company…
By: jalis on July 2, 2010
at 4:58 am
Well, they said themselves they love smtown and changmin even credited and thanked sm family and lee soo man in his birthday letter as the one who helped him find the beautiful side of himself.
By: Shakee on July 2, 2010
at 12:15 pm
@Shakee: “SM Town”, not “SM”….the boss doesn’t represent the hearts of their employees….SM Family and Staff are all loved by JCS and vice versa….the true ‘villains’ would have to go to the current top CEO’s of SM company….LSM isn’t part of the lawsuit at all….it’s always that guy that attends all the hearings and pressconferences..forgot his name.
all the members have thanked LSM before in the past….they really look up to him and JJ even mentioned about the advice he gave him during a program…about how he’s so lucky to have so much love from many different people..basically advising him not to take the fact that he’s adopted negatively, but in a positive way….in the 2008 year end award show, you can even see Jae pumping his fists in the air when LSM won that big achievement award and all the members happily clapping for him.
By: sheilapiglet on July 2, 2010
at 12:29 pm
Yes, SM, why don’t you give in?
By: ammicky on July 2, 2010
at 1:13 am
It was always SM as the culprit… Everyone knows that and it’s the one obstacle between them reuniting. I don’t understand why SM is so stubborn and prideful, refusing to protect their greatest comapny achievement.
By: Aria on July 2, 2010
at 1:13 am
well, sorry but actually my solution is not in your 3 options, mr lawyer XD
By: yota on July 2, 2010
at 1:15 am
me to..mr lawyer!
By: luvjj on July 2, 2010
at 8:52 am
“Many people abroad understands that TVXQ is a cultural heritage from our country that should be cultivated and protected. And since the lawsuit between TVXQ and SM Entertainment arose, TVXQ could not continue activities normally, which brought great losses for the country.”
SM MUST READ THIS
someone call president of Republic of Korea
By: diss on July 2, 2010
at 1:16 am
lol..i would. anyone has the number
but yeah. the government probably must step in ;D
By: MangoJuice on July 2, 2010
at 3:51 am
if I have the number,I’m the 1st who will call the president…
By: Ardy on July 2, 2010
at 8:26 am
if anyone finds, please let me know too!! LoL
By: nena on July 2, 2010
at 3:19 pm
I always get stomach problem when I see the lawsuit stuffs -,-ll
Hope to the best for them..
Thanks for sharing~
By: Minto on July 2, 2010
at 1:21 am
Me too! i tought it’s just me with the same syndrom. (my stomach are really the most sensitive part of all)
So i just skip any news with no solution in these lawsuit.
I love all of them,
that’s why i pray for their happiness and world peace(?)
~aktf still~
By: aceopeia on July 2, 2010
at 10:46 am
ok i super super vote for NO 1 in the solutions!!!!!!!! i really wanna see them back together…honestly DBSK is super famous but it maybe fading away since there’s no FIVE anymore:( so yah they better act it soon to protect the halluya or else…
By: Leyunism on July 2, 2010
at 1:21 am
The nation is Not worried that DBSK is fading away… they are worried that the Hallyu Wave is Disapearing… which is true… it is not as it used to be. Moreover, more ppl are into K Movies than Kpop songs (which is getting all auto tuned). I’ve also stopped listening to most Kpop songs. I’m repeating DBSK old songs in my mp3
So, yeah… DBSK is important to keep the Wave going… their music is just different with their 5 unique voices…
By: faith-in-TVXQ on July 2, 2010
at 2:21 pm
Well its a my-country-is-losing-money pov ..
But in fact, the reunite of the reunion of the five is what everyonwe wants even the boys ..
But things sadly T_T have messed up and well…
I just hope the desire of the five will be fulfiled
By: natto on July 2, 2010
at 1:22 am
T_T
buuuaaahhh….what can I do???
i just wanna hear their voices again…
No more jyj or homiiinn
Comeback pleaseee
By: Andy on July 2, 2010
at 1:23 am
we dont have homin still >.<
By: changminrocks on July 2, 2010
at 4:07 am
“Many people abroad understands that TVXQ is a cultural heritage from our country that should be cultivated and protected.And since the lawsuit between TVXQ and SM Entertainment arose, TVXQ could not continue activities normally, which brought great losses for the country ”
ahhh when I read that I was so proud, my heart started beating really really fast and a smile appeared on my face.
But, for me those 3 above are not solutions. I doubt JaeChunSu will work with SM again, not after all that they have done.
I see only 2 solutions: or HoMin leave SM or they work unde different agencies.
but this is only my opinion
By: cryss on July 2, 2010
at 1:30 am
Well since Park Chan Chong is a lawyer and a former governor in South Korea. I’m pretty glad tht more people concern abt tvxq situations…
Hope for the best
By: ayoepan on July 2, 2010
at 1:32 am
The 1st thing that should be done actually is letting 5 of them MEET+TALK to each other directly, because they haven’t been given any chance to even talk since the lawsuit began.
I think that the most possible thing that can happen now is having them join a joint project for TVXQ new album/concert since it’s unlikely that JYJ will go back to SM at this time. Moreover, we still don’t know if SM already put SNSD and HoMin under contract with Universal Japan or not ’cause this will effect AVEX’s relationship with SM
By: joice1st on July 2, 2010
at 1:35 am
I really think this needs to happen. They need to be able to talk to each other face to face without interference. If they can’t come to a resolution then, its not meant to be.
By: tai on July 2, 2010
at 3:38 am
it’s confirm already that SNSD will be under universal. their upcoming single in Japan this September will be released by Universal.
and if the SM town album list is true, and they include Japan in the world tour, most likely the sm town will be released by Universal too.
By: samantha on July 2, 2010
at 9:22 am
o_O
JYJ – Avex
HoMin – Universal
If it’s true … what’s about Bigeast ??
I have no idea about Japanese fans cultures >.<
By: Lynn on July 2, 2010
at 10:54 am
@samantha
OMG… So it’s very likely that HoMin (and other SM idols) will be under new contract with Universal Japan instead of renew/continue with AVEX
D:
By: joice1st on July 2, 2010
at 1:19 pm
but BoA, SJ and Shinee are under Avex.. but dunno when their contract expires though…
SM… why so complicated??
In terms of attracting fans… I’m sure SM will include BoA & HoMin in the concert… but SM has yet to confirm the date so… we’ll see.
It is a marketing strategy of SM to always just include the country they planned to go but it might not happen…
By: faith-in-TVXQ on July 2, 2010
at 2:27 pm
Honestly his views are too naive.
The situation has gotten so ugly that even if they were to work together with SM, it would be awkward and the 3 has already expressed that they no longer want to work with SM, isn’t it?
It’s such a waste if the great harmony of 5 voices will be lost forever
By: yippieyeah on July 2, 2010
at 1:36 am
it’s not naive IMO, he’s simply being objective
and noone knows about their (SM, JCS, HM, etc) relationship with each other except them…
By: franklin on July 2, 2010
at 1:56 am
>Honestly his views are too naive.
mte!
By: anya on July 2, 2010
at 2:55 am
maybe not that naive though. he’s an outsider and he’s not emotionally involved – like fans (us). idk. my two cents.
By: MangoJuice on July 2, 2010
at 3:54 am
again………that’s how law and court’s works darling
By: tohoshinki on July 2, 2010
at 9:16 am
“They can sue SM Entertainment for using underage teens for “illegal benefits” (349) as well as fraud fraud (348).”
But Jaejoong, Yoochun and Jusu weren’t underage….
Only Changming was and he is not sueing SME so can they really use that in the case?
1) End the current working status where the trio and duo doing separate activities, let the 5 members return to working together as before.
~ =D =D 2 thumbs up!!!
2) The main reason for the conflict is because of SM, SM needs to solve the problem and give in.
Give in being the optimum words….dunno if i want SM to solve the problem though…
3) Whether the contract is fair or not should be determined by the courts. <— I think it is the only fair way.
Meh I hate court stuff…. why did they file court stuff on my b-day…. not a very nice b-day present… XD but if this gets them back together…. I change my mind =D
By: Chantal on July 2, 2010
at 1:38 am
Junsu*
By: Chantal on July 2, 2010
at 1:39 am
well, we don’t know exactly when and how old they were when they signed the contracts… but if we assumed it’s before their debut then all of them were under 18 at that time
By: franklin on July 2, 2010
at 2:03 am
“and this contract was signed when TVXQ were 19 and underage,”
If the oldest was 19, then the youngest would have been 17.
By: Chantal on July 2, 2010
at 2:08 am
This is weird though.
The lawyer is hinting that the boys themselves signed the contract, which would of course make it illegal, but I know for a fact that Daesung from Big Bang, for example, was asked to bring his father to the company to meet YG, see how his son was being trained, and ultimately to sign the contract of course.
I personally doubt Yunho’s father would have signed the contract without reading every clause carefully. He’s a prosecutor after all.
And the lawyer is also forgetting that a renewal was signed at the beginning of ’09 as well.
I may be the only one to think this, but the lawyer’s plausible solutions seem too idealistic from a business perspective. If SM were to let JYJ leave the company as they wish, they would have to share profits and I honestly don’t think SM would like that, no company would, in fact.
I wish articles about the lawsuit only came out when the case has finally been closed. This speculations only seem to aggravate the situation at times.
By: Night Lights on July 2, 2010
at 7:04 am
*These.
Forgot to say that regardless of what happens after the case is over, I just hope that all 5 of them continue to walk forward.
By: Night Lights on July 2, 2010
at 7:10 am
they were underage when they signed their contracts… they signed them at different times a little after each started training.
By: arie on July 2, 2010
at 2:03 am
u are wrong the boys were all underage when they singed the contract with the slave master .. they made their debut on December 26, 2003 which means Jaejoong, Yunho, Junsu, Yoochun were all 17 and Changmin was 15 even when they released their debut single Hug which came out January 14, 2004 they were all still underage so yeah They can sue the slave Master for using underage teens for “illegal benefits” (349) as well as fraud fraud (348
By: aya on July 2, 2010
at 2:41 am
they signed it with their parents, JYJ themselves confirmed that their parents approved the contracts, so I don’t see how all “underage” thing is problem..
By: anya on July 2, 2010
at 2:58 am
We are all don’t know about the law in Korea well ^^
By: Lynn on July 2, 2010
at 10:59 am
idk, different country different interpretation – but it’s their signature on the paper, not of their parents. but yeah, i’m sure that in the case of underage contract, the presence of parents/guardians should make it legal and i think it’s common in the law of every country. Law is all about interpretation and it’s difficult to really make sound judgement or analysis if we are not familiar with the country’s social and political context.
By: MangoJuice on July 2, 2010
at 4:00 am
If the boys signed the contract when they were underaged, I’m pretty sure they will bring their guardian with them hence signing the contract themselves. Looking at the lawyer’s wording here, he was implying that the contract signed was due to undue influence (in reference to their age) and fraud.
However, not to forget, a contract was not only 1 or 2 pages..it would atleast about 20 pages. I’m not implying they did not read the contract properly, but there might be circumstances that SME might influence and showered them with promises etc which resulted signing of the contract. But I don’t see any relevance of “underage” matters since the trio are not questioning the validity of the contract base on this grounds. Not to forget, even though a person was still considered as minor and signed any agreement/contract, the Court may held them to be ADULT also following certain conditions. If the minor can perform capable understanding, they court might take this into consideration. After all, minor do have rights to enter into a contract. (once again, I’m not an expert of Korean law,so I can’t commented on that)
What I can see from this UNFAIR TERMS of contract are, why they questioned the validity now?What makes the trio suddenly alarmed about the unfair terms?That’s the “mystery” that yet to be answered. After all, its not easy to terminate the contract as we think it is. It’s easy to said than done.
By: sz on July 2, 2010
at 7:23 pm
i believe in korean laws your underage if your below 21
By: lily on July 2, 2010
at 5:30 am
We’re forgetting one very important thing: this guy is a S.Korean lawyer. He, more than any one of us, would know whether or not there is a case to be made in court that the contracts signed by DBSK is illegal.
By: Cecilia on July 2, 2010
at 5:32 am
How do you KNOW if JYJ really hates SM? I mean they just want to change their contracts. I bet they still have lots of friends at SM and it make the pain triple that they are still in this situation and can’t see them. Hopefully because of JYJ, SM will treat their singers, actors and dancers like artists and not products.
By: Chantal on July 2, 2010
at 1:42 am
isn’t their lawyer already say the trio lose trust in SM? not hate ( well, they r not kid XD) and they do not trust in SM does not mean they hate SM artist
By: yota on July 2, 2010
at 1:47 am
I think that their lawyer was very clear about that, he said that JaeChunSu have lost the trust in SM and that they see it very difficult to go back to SM. And now they have filled a new lawsuit to nullify their exclusive contrat.
By: Shuumi on July 2, 2010
at 1:56 am
Meh… but they won’t be able to nullify their contracts because their defence of underage work abuse would only apply for one member…. Changmin. And he is loyal to SM…. GAH I don’t know they might have lost their trust but I don’t care what they say SM shaped them and the friendship that they made with not only Homin but other SM artists will stay in their hearts. I mean, wasn’t Jae and Boa like really close? Meh… anyway I’m like really confused right now and I don’t know if I should side with HoMin or JaeSuChun….
It’s like mom took the twins and dad took the baby….. :’(
By: Chantal on July 2, 2010
at 2:04 am
I dont know the korean laws, but they are underage at least till 18 years old, righ? And I guess that they singed the contrat before their debut, when they were 15-17 years old, right? so they were underage.
Anyway, I also see it very difficult for them to have the contract nullified because the court doesnt seems to be willing to do so.
By: Shuumi on July 2, 2010
at 2:27 am
@Chantal
Yes,ur really confused.
And u shouldnt side with neither JYJ nor Homin.
Just support the 5 of them.
AKTF!
By: italiangirl24 on July 2, 2010
at 2:46 am
@ shauni
Read above….
“this contract was signed when TVXQ were 19 and underage”
If the oldest was 19, then the youngest would have been 17.
By: Chantal on July 2, 2010
at 3:16 am
@Chantal again they were all underage when they first debut as I said before they made their debut on December 26, 2003 which means Jaejoong, Yunho, Junsu, Yoochun were all 17 and Changmin was 15 so I guess when they singed their contract with SME they were 16,17 and 15 even when they released their debut single Hug which came out January 14, 2004 they were all still underage
By: aya on July 2, 2010
at 3:42 am
Ok fine I fold…. But In my defense, I have only been a fan since March….
*reads up on TVXQ history*
By: Chantal on July 2, 2010
at 5:27 am
@Chantal
aww you are so cute >.<
By: Alou on July 2, 2010
at 6:01 am
@ Alou
Awww…. you just made my day! =D
By: Chantal on July 2, 2010
at 9:00 pm
I think both sides, HoMin and JYJ, have mixed feelings towards SM.
What they feel for staff, teachers or personal managers is probably very different from what they think about the “big important people”, at the top, with whom the relationship may be very different. Same thing for the other artists in SM.
HoMin are probably not exactly alright as well with the way the contracts are done (if that was the case, SM would have set up a nice press conference for them to say how SM was a lovely paradise and they were happy and JYJ were just mean mean boys).
That makes the whole situation more painful for everybody…
Well this is just my opinion ^^
By: jalis on July 2, 2010
at 7:24 am
LOL i wonder if this is reliable or if the media is just putting words into the lawyer’s mouth again -.-
somehow #1 and #3 does’nt sounds like solutions to me.
more like #1 is resulted from the lawsuit,thus they ended up working separately.
for #3,if the contract should’nt be determined by the courts,then why did they bring this case to court in the first place?i don’t get that.
no offense,but those are’nt really good/smart solutions to solve this problem.
By: YunJae on July 2, 2010
at 1:46 am
“Many people abroad understands that TVXQ is a cultural heritage from our country that should be cultivated and protected. And since the lawsuit between TVXQ and SM Entertainment arose, TVXQ could not continue activities normally, which brought great losses for the country.”
It’s so true. Because of what happen to TVXQ & Jaebum, I’m quite sick of Korea. But, whatever happens, they all are Korean citizens, they love their country. So, literally, I who love them, can’t dislike their country.
By: White Angel on July 2, 2010
at 1:47 am
Ok, yes, that was the solution at the begining of all this mess, but NOW I cant see the validity of those possible solution anymore. I mean, how do you go back to a company in what you cant trust?
If SM wouldnt have acted how they acted, and wouldnt have done what they did, then that solution would have been the best, but now, for me, it’s imposible to see JaeChunSu going back to SM, even if SM give an step back and propose them a new and fair contrat, because the head of the company, the ones who make the rules and the ones who take the decision are still the same, so how would you know if you are not going to be treated unfairly again if you go back?
Anyway, I dont know how this will end up, it’s obvious that the court is reluctant to nullify the exclusive contrat, even if it is unlawful, and because of that is repeatedly asking to both parties to reach an agreement.
By: Shuumi on July 2, 2010
at 1:48 am
TVXQ had been a group under SM for 6 years, usually bands in SM disband or leave SM after 6 years(fishy lol)
i don’t think SM would give in, true TVXQ are money makers but to SM TVXQ is just an idol group and they will try to create another band as talented as them(maybe they’ll succeed maybe not) and can bring them money as much as TVXQ did besides i don’t know why some fans think that SM should have give up ever since the lawsuit was filed, everyone should always remember that TVXQ isn’t the only group in SM so if SM made it easy for them who knows how many bands would file a lawsuit against SM (i’m guessing ALOT lol)
i’m not blaming SM here, for a company like SM i think what they did up until now in this lawsuit was not surprising at all it was actually pretty much expected.
right now i just hope the boys are happy, i wish with all my heart they can be back together under SM or not, under AVEX or not… i just hope when they do get back they can be happy with no stress at all.
By: MelovesTVXQ on July 2, 2010
at 1:49 am
fiiiiiiiiiirst ruuuluue!
By: HoRa.. on July 2, 2010
at 1:58 am
I doubt tvxq’s lost will influence sm. They’ve gotten used of great groups disbanding. They knew how to make new ones.
By: Shakee on July 2, 2010
at 1:58 am
Frankly, I don’t want the trio back in SM, and it doesn’t look like they want to return either.
By: Liz on July 2, 2010
at 2:02 am
Perfect solutions! How astute of you Mr. Lawyer sir. Your shining brilliance is simply dazzling
By: Pru911 on July 2, 2010
at 2:03 am
A+
LOL xD
By: Cecilia on July 2, 2010
at 2:08 am
@Pru911: xDDDDDDD Your comment is epic, well said.
By: Shuumi on July 2, 2010
at 2:30 am
I agree 101%.
It doesnt take a genius or a lawyer to come up with the three solutions.
I half think that this lawyer is a delusional fangirl inside.
By: ayuxena on July 2, 2010
at 8:39 am
copy.paste
Who’s this Park Chan Chong.
sorry, i do want them back as 5 but what he said here is quite pointless.
I agree that losing DBSK is a huge loss to Hallyu wave and Korea (and the Hallyu wave has been down lately)
but his solutions is not helping at all. not realistic.
1. Stop all individual acting activities of the trio and the two other members and allow the five to resume activities as a group.
It would be easy for Homin since they don’t have any major at the moment but JYJ has a lot, and that album with Timbaland and Kayne West, sm could never get them something like that, they can’t miss that, look at what they did with BoA in US =”=, and if the 3 stopped their planned activities, they would have to pay hella $$$.
2. Conflict between the two parties arose because of SM, thus SM should make compromises to solve the issue.
this makes me lol~ as if sm even want to do that, if they wanted to compromise, they would have done it since the very first start, even before the lawsuit. i don’t think they would ever do that without being forced.
3. Allow the court to decide whether or not the contract between the two is an unfair slave contract.
then…? what’s next? if the contract is really unfair, they will…? and if it’s not, they will…?
annyway, relationship between JYJ and sme is broken beyond fixable already, i don’t know how could they work together (nor imagine JYJ work their ass of for sm again =.=)
Can they do something like Shinhwa? members are under different agencies yet remain being a group, that way, JYJ could have the freedom they want and work with sme as the same level as sme, not under sme. Maybe that would lead to less group activities but it’s better than nothing at all and a broken group :”(.
By: jlie on July 2, 2010
at 2:09 am
I totally agree with you.
By: Shuumi on July 2, 2010
at 2:29 am
agree. agree. agree. like shinhwa, that is. technically they can. the first court ruling seems to point to this general direction.
By: MangoJuice on July 2, 2010
at 4:07 am
Who’s this Park Chan Chong.
A lawyer and former governor of South Korea, apparently.
I totally thought he was this random lawyer wanting to gain free publicity xP
By: Cecilia on July 2, 2010
at 5:12 am
xD
Yes
Yes
and… yes ^^
By: Alou on July 2, 2010
at 6:03 am
I kinda agree though, if they ever get back together and will be like shinhwa(under diff company), they might have less activities in Korea, but in Japan, I know that Avex’s president Matsuura-san is willing to promote and help TVXQ 100%( he’s that kind and honest guy unlike SME). Eventhough, if they ever get together in the future they might have less activity and prolly less popularity in Korea, at least its better than nothing (better than no group at all). But in Japan, Avex is really a respected and really influential company and they have many great artists/great promotion and has great international connections and larger than SME, so TVXQ’s popularity in Japan is safe/guaranteed by Avex. (look at JYJ now, those with Avex will be promoted really well (as many of their other artist are) and now JYJ on their way making international album w/ Timbaland. *sigh* if only Homin were with them.
By: madihosuyossy on July 2, 2010
at 6:48 am
Shinhwa Changjos, please correct me if I’m wrong, but as far as I knew, whenever Shinhwa promotes as a ‘group’, they all do so under the same company. It is only when each of the members does solo promotions that they all work under different labels.
And that is the main problem with DBSK as well. It is highly unlikely that SM will want to work with another company in order to promote the group in Korea. It would mean sharing expenses, profits, perhaps even trade secrets, and ‘power,’ which could lead to an innumerable amount of problems.
From my point of view, this case is actually more complex than how this lawyer is actually portraying it. I really feel for the Judge. He has it tough.
By: Night Lights on July 2, 2010
at 7:58 am
yur correct lol not not a changjos but i do remember reading about this. i also have thier 10th anniversary photobook n cd n its under one company. im also worrying about what you mention. heck sme n mnet got into thier rivalry because of that type of situation no way would sme allow the boys to work together plus distributin the profits ect. this is also my concern with the H.O.T reunion. i doubt h.o.t n sme have a good relationship. so even though i wish the best for the group but i dont think sme would allow it. for kangta anyways…
i also read that eric the leader of shinhwa had to pay sme to get out of the lawsuit. even though shinhwa look like they won n they did but alot of the resolution happen underground and off of court.
By: lily on July 2, 2010
at 11:19 am
If it works out like Shinhwa, it would be good~ ^^
By: cheeyanne on July 2, 2010
at 1:18 pm
I can’t see them coming back to SME or Yunho and Changmin leaving SME.
The only solution is both working together with different agencies but that implies a lot of compromise and work between said agencies and the boys. SME would have to give in and leave behind his stupid pride and politcs.
I can’t really see it.
I think that at the end all depends of the boys and the love that they have for each other and for their group, if it’s strong enough miracles can happen.
By: Alexandra on July 2, 2010
at 2:19 am
agree. totally.
By: MangoJuice on July 2, 2010
at 4:08 am
“I think that at the end all depends of the boys and the love that they have for each other and for their group, if it’s strong enough miracles can happen.”
well said. I totally agree with you, Alexandra.
By: madihosuyossy on July 2, 2010
at 7:13 am
why cant you see homin leaving sme? they did envision the same goal and destination as the three. right now honestly the way i see it is that the trio cannot go back to sme. sme have damage thier reputations and played all sorts of nasty tricks the trust is gone. which only leaves the option of homin leaving. but thats really very doubtful. i wouldnt say i cant see that happening. because we dont know what will happen.
By: lily on July 2, 2010
at 11:22 am
Thumbs up for you Alexandra!
By: cheeyanne on July 2, 2010
at 1:23 pm
yup yup yup Alexandra…you speak my mind
(kkkkk lazy to put into words myself XD)
By: coffee mo on July 2, 2010
at 8:23 pm
what i want to see is SM and all 5 members have a talk together. i dont know if it would make it better or worse but without them doing this, relationships between company and members will worsen even more instead of there lawyers speaking for them.
By: Lisa on July 2, 2010
at 2:30 am
i dont know this guy but i like him already :3
By: ghina on July 2, 2010
at 2:35 am
if only earlier sm just set aside their pride and sat down and talk to jaejoong yoochun and junsu and just start over =( i miss them together so much
By: Brenda on July 2, 2010
at 2:43 am
Matsuura said that actually 5 of them had never talked together in front of both agencies (avex and sm), because even avex aren’t allowed to see the 2
I guess that should happen. Them 5 and 2 agencies. Talk
By: Shakee on July 2, 2010
at 2:47 am
Mr. lawyer please don’t try to push the boy to do what they don’t want to do. They already choose the way they want.
One choose to leave….One choose to stay. How can they be as 5 again.
SM doesn’t make they break to 3 – 2 but its come from their decision …. hurt but true.
And this lawsuit is between JYJ and SM not between DBSK and SM…..Mr. lawyer are you sure that you really know about this case?? I wonder???
By: lala_kiki on July 2, 2010
at 2:51 am
*sigh* if only the solutions of the problem was as easy as he said…
By: lily on July 2, 2010
at 2:54 am
it would be big lmao if the president of korea also sees that
“TVXQ is a cultural heritage from our country that should be cultivated and protected. TVXQ could not continue activities normally, which brought great losses for the country”
and then steps in to tell sm to shut up and redo the contract and settle the whole problem.
lol.
By: emily on July 2, 2010
at 3:00 am
AISH~~~ whatever just solve it in anyway…..I wanna to see them 5 before I get too old to see that day …..that if I don’t die be4 that day –_–”
By: DBSK Happiness :) on July 2, 2010
at 3:08 am
Did the signatures on the contracts come first or the illegal contract that SM wrote come first? Many people have argued that once a signature is on a contract, it’s binding BUT, what happens if the contract was illegal to start with. This lawsuit REALLY begs the question: What came first, the chicken or the egg? Seriously. I’m having a hard just thinking about it.
And to the Lawyer, if only life was that easy. If only it was that easy. Let”s see if SM thinks that DBSK is past their expiration date or not to get the answers that we are all waiting for.
By: sage_butterfly on July 2, 2010
at 4:04 am
ehh thats true lol. but dont they also suppose to have a contract with sme in thier trainee days? the contract informations is all very vague. so the members each have his own contract. is a there one contract for the five of them and individually? when they start training with sme for those years didnt they also have to sign a contract?
By: lily on July 2, 2010
at 11:25 am
I think in Singapore that is..
I studied Contract Laws which agrees that once the contract is being offered and accepted by two parties (which in this case, trainings/fame and the signatures) proves that the contracts are binding.
BUT since the underage has no apparent/principle authority to sign a contract that can be considered into a formal/binding contract unless it’s with regards to their livelihood then… I think the illegal contract part comes in here.
Well, I don’t know about S.K laws though~
By: C2j on July 2, 2010
at 2:50 pm
i wanna give that lawyer a BIGGGGG highfive
the ones where you both jump & h5 in the air
he awesome
yes. the root of the problems go to SM
because they are assholes & still try to look nice
im sure the boys dont wanna take it that far by sueing sm for fraud but if SM pushes them, it can be possible
so SM should just take this cool guy’s advice & give in
By: Evelynn on July 2, 2010
at 4:20 am
I LOVE HIM yah~ SM JUST GIVE IN ALREADY!!
it hurt~ so hard deep inside *sigh* i want my boys back~
By: sweetspring on July 2, 2010
at 4:45 am
I hope people don’t forget that the SM people involved in the legal battle doesn’t represent everyone in the company..in fact, it probably just represents the top CEO’s…..SM Town Family and staff however are very much loved by JCS and vice versa…you can hate on the boss, but please don’t drag the entire working party into it and make them out as one entity….we support SM not because we want to give them more money, but because we love and still care for the artists under them.
By: sheilapiglet on July 2, 2010
at 5:20 am
+5! i think because of those others like staff london pride a to z ect that homin couldnt let go off…. maybi a reason. i try to keep that in mind. my resentment towards sme is not to everyone but only the ceos n ppl making the decisions.
By: lily on July 2, 2010
at 11:27 am
Hey do SME trainees have contracts?
Do you think that they could add the trainee years on for the work abuse? I mean, lots of SME trainees have to drop out of school just to keep up with their schedule.
By: TVXQsaranghae on July 2, 2010
at 5:25 am
mte
By: lily on July 2, 2010
at 11:27 am
i love this lawyer ^^
By: jejungi on July 2, 2010
at 5:25 am
yeah well
I really have no comments
we will wait and see
SM won’t give in
and JYJ… no no I don’t see them back in SM
so…
yeah, future will tell
By: Alou on July 2, 2010
at 6:05 am
In fact,TVXQ helped SM to earn a lot of money , if SM lost TVXQ , SM would lost a big golden egg . Moreover from the beginning of lawsuit , SM has many forces from Korea and foreign fans . SM is wrong but there are a reason which makes SM to not change the contract . If SM change a new contract because of TVXQ , there will be many other bands will against SM in the future . SM did everything to made fans and public opinion think TVXQ’s members contradict each other , SM think that is a easy way to destroy TVXQ . But SM beyond doubt that the faith of fans in TVXQ is very big and firm . Of course the fans know definitely it’s SM’s plan . So their activity now have to be more careful .
I hope there was a new development . Everything will be fine . Always keep the faith , hope to the end . Happiness will come to person who can wait …..
By: Giang Jê on July 2, 2010
at 6:30 am
Now someone just needs to drill this into SM’s thick skull. We just want our DBSK back and then everyone will be happy.
By: Kitty on July 2, 2010
at 6:54 am
whatever… i just want DBSK back! T_T
By: whitescent on July 2, 2010
at 8:37 am
Do everyone think like that if SM give in “the boy will return be 5″ I don’t think so…it’s not about SM anymore.
By: lala_kiki on July 2, 2010
at 8:44 am
“TVXQ is a cultural heritage from our country that should be cultivated and protected”
lol how important TVXQ for south Korea is ..
well, I just hope that this case will be solved in the best way.
Both dbsk and sm side have been wasting too much time, energy, or even money in this critical stage.
By: desty_yj on July 2, 2010
at 8:47 am
hmmmm.. will just wait and see for the result…
By: Double J on July 2, 2010
at 9:14 am
this lawsuit is for DBSK members not for us fans so…..we need to wait ok.
By: tohoshinki on July 2, 2010
at 9:19 am
hmmm…i don’t know…people keep saying that the best solution is for them to work like shinwa, different agency but still together…but if we want this situation, the contract must be terminated, so JYJ could be freely choose other agency, and then they still together as TVXQ, everyone lives happily ever after…..but based on court’s decision on preliminary injuction, they cannot terminate the contract, that’s why they decided to give freedom to JYJ to have their solo activities without SM interfering…..
so that’s why this lawyer suggest SM to solve the problem, which is fixing their contract, it could also mean shorten the period of contract. according to new rules of korea, longest period of contract should not be more than 7 years. considering that they already together for 6 years, they would only have 1 year until their contract end….
well, maybe 1 year is too long for them to work with people you don’t wanna be with, but comparing with another 7 years ?
lawsuit could take years, and it would be difficult, complicated, not to mention the horrible feeling all members would feel…i see this lawyer only give alternatives of solution so the problem could be taken care in easier way, not taking too many years, cause i also believe that korea is afraid of losing TVXQ due to the long period of lawsuit…
i believe people already know that fault is on SM, but facing one of biggest company in korea is not easy, that’s why both sides have to consider all possibilities…
By: ka_vie on July 2, 2010
at 9:56 am
Yes.. I totally agree with mr.Lawyer-shii.. SM should give in…
i mean i watched this video in YT where DBSK basically conquered the music industry.. they were the MOST VALUABLE ARTISTS for the year 2008 and 2009 respectively..
Reported on TVN News (08/12/08), DBSK made 31.7 billion won (USD$26.5m) and was the Highest Income Earning Artiste in Korea in 2008. Bigbang and Wondergirls were #2 and #3 respectively.
On TVN News (30/12/09), DBSK made 126.3 billion won (USD$105m) in 2009 to become #1 Highest Income Earning Artiste in Korea. #2 Rain (62.2 billion won), #3 Bigbang (24.2 billion won). Amazing, DBSK’s earning is much higher than Rain & Bigbang added up!
So sm.. take that! who else gonna give you that amount of money now?? huh?!
but anyway, i just want DBSK back..as five..please
I’ll wait…
By: *_* on July 2, 2010
at 10:01 am
maybi its deja vu but i also remember the man saying these three solutions like a year ago -.-
By: lily on July 2, 2010
at 11:30 am
Why isn’t anything ever decided by the courts? This has been going on for so long and it doesn’t seem that anything has been done.
If the Korean govt understood how important this is, they should have already started making laws that protect the artists more. They seem to be just ignoring it, like it is just a kids problem or something. It is showing Korea in a very bad light to the rest of the world.
By: Lisa on July 2, 2010
at 12:03 pm
ahhh~mr.lawyer…i think most ppl already seeing this solutions before…(and…i believe theres still hv more other solutions…ahhh~*zipppp-up*)
BUT…
let juz to leave them(both side) to solve this…
By: Purple Line on July 2, 2010
at 12:48 pm
1) End the current working status where the trio and duo doing separate activities, let the 5 members return to working together as before.
LOVE THIS~!
Please do it even though have to be working under different company… I just missed them together~!
T.T
By: cheeyanne on July 2, 2010
at 1:28 pm
i really miss them!! really want them back together, i pray that they will eventually come up with a win-win solution, benefiting everyone, especially TVXQ and fans around the world..
AKTF!
By: mabellee on July 2, 2010
at 1:48 pm
Love this!
By: Naxiahero on July 2, 2010
at 2:20 pm
can someone on the Korean parlement push SM to do so? DBSK is heritage of korean, just take an action to protect the heritage…
TVXQ lawsuit is not a korean issue, it was become internatonal case
Korean Court have to really-really bcareful for the decision cause international fans is watching…
if the decision is proofed unfair, so it would be a shame of korean
By: choosey-lover on July 2, 2010
at 5:20 pm
i agree with you!
(
this lawsuit makes DBSK can’t continue their activities and i think it’s a great loss for the country
i hope they will take the right decision..
By: pandaa on July 7, 2010
at 11:46 am
The options are so uncharacteristically optimistic..
If things were so simple T-T
but if it does get them together again i’ll take it!
The question whether or not there will be awkward feelings when the boys get together again in my opinion is a given. But i think they’ll be able to work through that. They know each other too well. and maybe the bond formed afterwards will be even stronger.
What’s clear is that they love each other. And I’m sure being together sure as hell beats being apart.
By: kecikjer on July 2, 2010
at 8:26 pm
I like the solutions alot. Haha. But what can we do. Let’s keep the faith and wait together for that day to come…
By: hanafanic on July 2, 2010
at 11:04 pm
DBSK…..Fighting ^^
i hope they back togother ahhhhhhhhhhh DBSK togother again >< i hope soooooooo
always keep the faith
By: crazy tvxq on July 2, 2010
at 11:45 pm