Some follow ups for the main lawsuit between JYJ and SM Entertainment

Just wanted to follow up and clarify some updates of the main lawsuits between Jaejoong/Yuchun/Junsu and SM Entertainment.

 *Before you read, the basic information about the current cases will be helpful for you to understand.

There are 2 main lawsuit cases being processed in the court.

(1) The lawsuit to verify ‘invalidity’ of the exclusive contract  (= Case No.1)

:  This is the one that the three members filed against SM Entertainment in order to terminate the unfair contract and claim for damages.

The members’ lawyers expected that this main case would take a long time, so they filed ‘injunction to terminate the validity of the exclusive contract’ in 2009 in order to ensure the members’ free activities.

As you all know, the court decided in the members’ favour and ordered that 1) the validity of the exclusive contract between JYJ and SME would be temporarily terminated until the main lawsuit is concluded, 2) the three members are free to have entertainment activities, 3) SME cannot make any contracts related to entertainment activities on behalf of the three members without their consents and 4) SME cannot interfere any kinds of entertainment activities of the members during the lawsuit process.

– SME filed an objection against this orders, but it was rejected by the court.
– SME also filed another injunction to terminate the exclusive contract between JYJ and C-JeS Entertainment, but it was also rejected by the court as the court acknowledged that JYJ only made a contract to handle management business as an agency and never made ‘exclusive’ contract with C-JeS.
– The court also made ‘indirect order’ that SME cannot interfere JYJ’s activities, and would be pay 20,000,000 KRW as penalty when every time such behaviour is found.
(Well clearly SME does not seem to care this order, but also this is the reason that it never has blood on its direct hands. They do all kinds of dirty things unofficially, through other organisation  such as KFPCAI.)

Anyway, the detailed injunctions and other orders were all decided in favour of JYJ and now the main lawsuit (case No. 1) is under process at the Seoul Central District Court as a civil case.

(2) The lawsuit to verify ‘validity’ of the exclusive contract (=Case No. 2)

This is the one that SME filed against the three members as counter-suit in order to claim that its exclusive contract has no problems and the members should pay damages to SME.

As the both cases have almost same documents, witnesses and other details, the court decided to handle the 2 cases at the same time.

As you all know, SME has tried almost every possible thing to postpone the final conclusion of the cases as it is highly expected to lose the cases.

And on May 15th 2012, the case No.2 (SME’s counter-suit)’s hearing finally came to a conclusion and now only Case No. 1 (the one JYJ filed against SME) is remaining in the court.
[Note: The other details are not known because only basic information such as the dates is open public.]

To finalise current situation,

– SME’s counter-suit and claim for damage against JYJ is now concluded.
– JYJ’s lawsuit to terminate the exclusive contract and claim for damage against SM is remaining.

: If the exclusive contract had been ‘valid’ as SM insisted, JYJ’s claim would not have been remained.
Based on the fact that now there are only the three members’ lawsuit and claim for damage against SME,  which could not have been remained if the contract had been valid, it seems very likely that the contract would be terminated and now there will be only the arguments between them ‘how much SME would have to pay JYJ as damages’.

Unfortunately Korean law takes Dreiinstanzen system**, it seems also likely that SME would appeal against the final ruling so that it can delay this as long as possible.

Anyway the end of this long-lasting legal process is really coming and some rumors seem to be spread again by some people, so I just wanted to clarify some facts before they go too far.

Next hearing will be in June.

**Dreiinstanzen system: The legal system that people can have a trial 3 times per a case.
(EX: First trial at District court -> Second trail at Appeal court -> Final trial at the Supreme Court)

Posting Credit : https://dedicatee.wordpress.com

**If you want move the post, you must give the credit and use the full contents.
Partial quotes or editing the contents are not allowed.  **

Advertisements

[ENG Trans] Looking back JYJ’s ban on Broadcasting with Junsu Kim’s Solo Album

<Looking back JYJ’s ban on Broadcasting with Junsu Kim’s Solo Album>

Original Link : http://www.ejanews.co.kr/sub_read.html?uid=39590

May 24, 2012

“It is really sad that the talented and competent artist is completely banned on TV.
I don’t know how long they will have to be shackled by those unfair restriction and pressure.”
These were the words from a fan who I met at Seoul Indoor Gymnasium on 20th, when Junsu Kim, a member of popular group JYJ, had his very first solo concert.

The other middle-aged female fan from Seoul also asked the same question –
“Does it make any sense that the representative star of Korean wave has no stage to perform even if he releases a solo-album?”. “I hope that not only Junsu but also all members of JYJ will be able to share their music with the public” she added.

Once again, plenty of complaints against music programs that seal JYJ’s appearance are all around.
It has especially become louder after Junsu Kim’s Concert.

Fans are reacting strongly against this suppression on many websites claiming that “Even though JYJ is one of the top artists in Korea in both talent and presence,
we cannot see JYJ on music programs. It is a great loss of entire Korean music industry”.

Junsu Kim also frankly admitted his limits and worries at the press conference of his album release, saying
“One of the biggest agonies which made me worry more than anything was that I had to make the album
based on the assumption that I would not be able to have activities in TV”.

Music programs’ boycott on JYJ’s appearance have become protracted now, and it is a common opinion of the industry that this manner of boycott is just out of question no matter how many times you think about.

The three members won the legal cases such as the injunction to terminate the validity of their exclusive contract and other cases in a row against SM Entertainment, the former management company.
People in this industry say that the current situation is the other proof that there is certain unreasonable power structure in broadcasting industry as JYJ’s music cannot be aired despite the fact that the court assured that they can have all kinds of activities including TV appearance.

The criticism that JYJ has been victimized by the power structure around entertainment and broadcasting industry seems to be very likely.

But, one thing you need to be aware is that the channels to share JYJ’s music have become more various and the influence from these channels is now becoming more influential than broadcasting while they were completely blocked from TV.

Their fandom has been expanded internationally and the members are heavily armed as they are showing their presence to the public in a wind range of genre – not only music but also acting and musical.

Actually the music video of Junsu Kim’s album title ‘Tarantallegra’ has become the talk in the news as it attracted plenty of viewers internationally as soon as it was released and made more than 3,000,000 hits on Youtube.
The album also proved his constant popularity after beating Lady Gaga and Justin Bieber [in Japan] as it was sold more than 100,000 copies on iTunes, Lakuten, Amazon in Japan.
This record is more valuable as he achieved this without any activities in Japan recently.

The chain of ban on JYJ’s appearance now has no legitimacy or persuasion force.
It is a shame that ‘neglecting’ JYJ like this seems to expose the corrupted relationship between Korean music and broadcasting industry to worldwide music industry.

It is too embarrassing as if the backwardness of K-Pop industry is laid bare in front of the Korean Wave fans.
In short words, it is a waste of Korean Wave.

Fans’ complaints and claims against broadcasting companies that put many restrictions on JYJ and still build up the great wall might be underestimated.
Or it might seem reckless just like beating your head against a brick wall.

However, the media who succumbed to the certain power must remember
– there are many possible ways to break the wall.
Even if it is difficult to break the wall, the ugly ‘stain'[of the industry] will be remained in the history forever.  

Translation Credit : https://dedicatee.wordpress.com

**If you want move the post, you must give the credit and use the full contents.
Partial quotes or editing the contents are not allowed.  **

JYJ Jaejoong ‘The All-Round Player’ started his race

[NEWS] JYJ Jaejoong ‘The All-Round Player’ started a race

Original Link : http://sports.donga.com/3/all/20120514/46241431/3

JYJ Jaejoong’s steps are becoming quicker.
He literally seems to be extremely busy as he is working on a film and Drama at the same time for his next career,
having a fan-meeting event in Taiwan and starting working for JYJ’s new album.

Jaejoong is currently filming MBC weekend drama <Dr. Jin> which is due to be aired from May 26th.
He is playing an officer with the finest martial arts in the Joseon Dynasty. It is his plan to show wider range of character by appearing on fusion-historical drama for the first time so that he can break away from the image of an idol singer.

In addition to this, Jaejoong is going to start filming a movie <Jackal’s Coming> from the end of this month.
The Chumgmuro** is showing interests in his debut on screen as a role of popular singer on the movie. His performance is especially anticipated because it has been known that there would be some comical character in it.

He also going to fly to Taiwan for fan-meeting event on May 3rd during these busy schedules for the drama and film, and start working for JYJ’s new album around July and August.

“Jaejoong has been offered OST work for the drama and film too, and he is managing the schedules well without causing any setback.” explained C-JeS Entertainment, the management company.

(** Chumgmuro: It is a name of a district in Seoul, but also used as a proper name to describe film industry like ‘Hollywood’.)

 Translation Credit : https://dedicatee.wordpress.com

**If you want move the post, you must give the credit and use the full contents.
Partial quotes or editing the contents are not allowed.  **

6th Musical Awards Nominees announcement – Junsu is nominated for the Best Actor

Absolutely wonderful & honorable news for everyone!
Junsu has been nominated for the Best Actor for a Leading Role, at the 6th Musical Awards due to his outstanding performance as TOD at <Elisabeth>.

The full list of nominees is below:

– Jun Su KIM (Elisabeth)
– Ho Young KIM (Mozart Opera Rock)
– Geon Hyeong PARK (Zoro)
– Yong Jin SONG (Sherlock Holmes)
– Seoung Woo JO (Doctor Zhivago)

The Awards will be held at 20:00 on June 4th, aired at 23:00 on JTBC and QTV on the same date.

Congratulations! XD

6th Musical Awards Twitter: @6_musicalawards

JYJ JUNSU 1st Solo Album Full Track List

<JYJ JUNSU 1st Solo Album <XIA Tarantallegra>  Full Track List>

1. Sunset
Lyrics: XIA / Arrangement : XIA

2. Tarantallegra (Feat. Flowsik of Aziatix)
Lyrics: JUNO / Composed by : XIA / Arrangement: XIA / Rap Making: Flowsik

3. Set Me Free (Feat. Bizzy)
Lyrics: XIA, Fraktal / Composed by: XIA, Fraktal / Arrangement: Fraktal / Rap Making: Bizzy

4. No Gain
Lyrics: Jaejoong Kim / Composed by: Jaejoong Kim / Arrangement: Bin Ki Kwon 

5. 사랑이 싫다구요 (Translator’s note: I Hate Love)
Lyrics: Hae Seong Jeon / Composed by: Hae Seong Jeon / Arrangement: Hae Seong Jeon

6. 돌고 돌아도 (Translator’s note: Round and Round)
Lyrics: JUNO / Composed by: XIA / Arrangement: Se Jin Kim

7. Intoxication
Lyrics: XIA / Composed by: XIA / Arrangement: XIA

8. Breath (Feat, Double K)
Lyrics: XIA / Composed by: XIA / Arrangement: Fraktal / Rap Making: Double K

9. 알면서도 (Translator’s note: I knew)
Lyrics: Se Jin Kim / Composed by: Se Jin Kim, PJ / Arrangement: PJ

10. Lullaby (Feat. 개코 of Dynamic Duo)
Lyrics: XIA, Fraktal / Composed by: XIA / Arrangement: Fraktal / Rap Making: 개코 (Dynamic Duo)

11. Fever
Lyrics: JUNO, XIA / Composed by: Xeno, Jedi / Arrangement: Xeno

12. 이슬을 머금은 나무 (Translator’s note: A Tree with Dews)
Lyrics: XIA / Composed by: XIA / Arrangement: Jeong Jin Seo

[Column] We want to see JYJ as ‘Singer’

[Column] We want to see JYJ as ‘Singer’

http://news.nate.com/view/20120505n05724

[Written by In Gyu Bae, Oh My News]

Junsu Kim of JYJ is releasing a solo-album in May.
JYJ is the representative singer of Korean Wave as well as the star that so many fans are waiting for.
Furthermore, Junsu Kim is the one who has given such impression at the musical <Elisabeth>, as the roll of ‘Tod’.
His solo album is drawing a lot of attention, not only in Korea but also in other countries.

However, it is still yet to be known whether he can appear on music programmes of major broadcasting companies
with his solo album. So we can find that Junsu is having his first concert for 2 days from May 19 to May 20 at Jamsil Indoor Stadium in Seoul, right after releasing his album. And from May 27, he is having Asia Tour in six cities, starting from Taiwan.

Compared to the general custom that music programs are normally aired on weekends,
his weekend schedules are full of concerts.

Wounded fans by <Music Bank> that changes its words, who’s to blame? 

You all probably know that JYJ cannot appear on entertainment programs on major TV if you are a fan of JYJ.
Countless sudden cancellations have happened even though the casting was finalised.
They’d had a dispute regarding their exclusive contract with SM Entertainment while they were working as TVXQ
and made the new group named JYJ after this, but they have never appeared on music programs as ‘JYJ’
except only one stage that they sang OST[of SKK Scandal] at the end-of-year awards.

On May 2011, KBS 2TV <Music Bank> replied to a viewer demanding the reason why JYJ cannot appear on the program,
saying that “JYJ are not subject to put on our chart because they had not released their official album yet and their appearance would be decided after discussion with production staff of <Music Bank> and other entertainment programmes’ staff when they release an album in the future”.

However, this answer was changed when they actually released the first album in Korean.
When fans raised an objection to <Music Bank> that left out JYJ on its chart, it [Music Bank] brought up the issue of the lawsuit with SM Entertainment, the former management company.
The answer was changed that “the situation is changing as they release an official album and injunctions’ details are coming,
but the main lawsuit between SM and JYJ are still under process. Our stance that we postpone appearances of the celebrities’ under lawsuit and see how things go until the ruling of the lawsuit comes has not changed”.

According to the logic of <Music Bank>, Junsu Kim will not be able to appear on music programs because he is a member of JYJ even if he releases a solo album. He must have given great efforts to make the album, but his chance to meet public is lost because of this ‘lawsuit’ that no one knows when would be finished.

We want to see JYJ on music programs after overcoming such brutal history for 2 years after debut 

JYJ clearly have really high value as Korean-Wave Stars. Their world tour in Asia, North America like Canada and USA, European countries like Spain and Germany, South America such as Chile and Peru prove this fact.
However, we cannot see three of them singing on TV stages in Korea no matter how many times they appear
on other countries’ TV programs.
The thirst for JYJ’s ban on entertainment activities is only satisfied by their individual activities such as dramas or musicals.

JYJ cannot have proper activities in Japan too.
They used to be ranked on top of Oricon chart when they were TVXQ, but now it is difficult to just release an album under the name of JYJ. They expressed that “we only want to have any activities in Japan” at their concert that drew 80,000 audience in Japan for 2 days. People in Japan constantly want JYJ, but what is the reason that they do not actually make a call?

They did not commit drinking-drive, assault or smoking hashish.
Why do they have to have even more severe penalty than the people who caused such troubles in society, just because they stood on their own rights? Their wish is so simple – they want to sing their own songs on music programs just like other singers do. There is nothing more or less on this wish. It is also a wish of many fans in other countries too.

There are a lot of fans who want to see JYJ as a ‘singer’.
They demand JYJ’s appearances on music programs on-line and off line, promote JYJ by their own advertisement on buses
and other things, even make donation under the name of JYJ.
Many people want JYJ, but it is still not possible for them to appear on music programs.
It seems quite different compared with such grand publicity and advertisement expressing
how popular K-POP stars are in foreign countries.

Would Junsu Kim’s solo album be able to pull the trigger for JYJ’s appearance on music programs?
It has been 2 years since they started their activities as JYJ.
Now it is the time to stand tall on the stages of music programs, leaving this brutal history for all these years.

Translation Credit : https://dedicatee.wordpress.com

**If you want move the post, you must give the credit and use the full contents.
Partial quotes or editing the contents are not allowed.  **