[Column] The Breakdown in Mediation of JYJ and SM
– Can Age of Oppression Come to an End?
Aug 12, 2012
Original Link: http://news.nate.com/view/20120812n05590
[Medias] The legal dispute between SM and JYJ which has been dragged for 3 years is due to finish in September. In fact, the details that the both parties have argued are mutual agreement in arbitration (mediation). The word ‘mutual agreement’ seems to be significant at this moment because the court already ruled in JYJ’s favour regarding the dispute about their exclusive contract.
In 2009, JYJ applied for injunction to terminate the validity of exclusive contract against SM and SM filed a lawsuit to verify the validity of exclusive contract and compensation for damages the next year[Translators Note: SM’s lawsuit finished its all hearings in May 2012 so it is due to be ruled together in September.] However, JYJ also filed a lawsuit to verify invalidity of exclusive contract so their legal disputes have been continued for 3 years.
It looks like the lawsuit is remaining unresolved at first glance, but the court already rejected not only SM’s objection against JYJ but also SM’s injunction to terminate exclusive contract (between JYJ and C-JeS Entertainment). In addition to these, the court also ruled that SM cannot interfere JYJ’s independent entertainment activities. Of course, it is an open secret that SM interfered JYJ’s media appearances despite of the court’s decision.
JYJ’s injunction insisting ‘we would like to be freed from the unfair contract’s fetters’ was partly accepted as a result. The court recognised that the exclusive contract which SM made with JYJ was an unfair contract. Which means, the most significant dispute whether it is an unfair contract or not has already been decided by the court: it is the unfair contract.
The court made clear that their exclusive contract was unfair, but separated its judgement regarding profit sharing parts for the process of the lawsuit in merit and tried to induce the both parties to reach mutual agreement. This means that the both parties now only have disputes regarding profit sharing. Now the remaining issue in the relationship between JYJ and SM is that an agreement in the profit which JYJ did not receive from the period of their activities in Japan.
[Translator’s Note: JYJ’s legal representative revealed that SM is not showing proper documents related to the activities in Japan.]
It seems to be important that sharp conflicts between the both sides are the issue about profit sharing earned by the members’ activities in Japan. ‘(Mutual) agreement means ‘concurrence of more than 2 involving parties’ opinions’ in legal terms. We do not use a way of mutual agreement regarding whether something is right or wrong. When both parties agree in general details except some conflicting opinions, we use mutual agreement in order to solve the problem regarding those conflicts by ourselves.
The issues related to the exclusive contract between SM and JYJ already finished in JYJ’s favour, and the court just suggested the both parties to rationally find a solution by arbitration because there are too wide differences of opinion in profit sharing. And the important thing is that it was difficult for the both parties to reach proper agreement, so the final decision will be ruled in the court in September.
You should pay attention to the fact that the court rejected SM’s objection against the court’s approval of JYJ’s injunction as well as its injunction to terminate exclusive contract (between JYJ and C-JeS Entertainment) in February. This is significant because the court already clearly decided that the winner of this legal dispute is JYJ. This also proved that its decision was legally right: the exclusive contract between SM and JYJ is invalid and it guarantees JYJ’s independent entertainment activities.
As everyone knows, JYJ is practically not able to appear on TV despite the court’s decisions. The boycott raised by SM and other entertainment companies is still ongoing. The problem is that a result of anger, that made by the group of people who are only interested in their own benefits, saying artists who betrayed(in their mind) them must be strongly regulated so that they cannot have any activities ever again.
It is sad situation that they(JYJ) who are singers, cannot have appearances in music programmes because of invisible pressure even though they received the court’s decision rationally. It is also ridiculous situation that JYJ’s media appearances, which have no problem by the law, are blocked by the people who try to reign over the law.
Now it is common knowledge that management companies gained strong power from K-POP wave are putting tacit pressure. In fact it is a routine that they press broadcasting companies by using their idol groups’ appearances. [Translator’s Note: It is reportedly known that management companies are forcing entertainment departments (of broadcasting companies), saying it would stop all of their idols’ appearances if they cast JYJ.]
For example, the confrontation between SM and CJ became a famous example. SM boycotted its artists’ appearances in TV stations affiliated with CJ, insisting that CJ’s treatment was unfair to SM’s idols. [Translator’s Note: This ‘fight’ became worse when M.net(CJ’s affiliate) allowed Jaejoong/Yuchun/Junsu on the stage to accept Best Asian Star award (awarded to TVXQ Act 1) in MAMA 2009. SM boycotted all of its appearances until the year of 2011.] It was inevitable to cause certain damages on CJ as it must have been a heavy blow to its intention of being the leader of entertainment industry in a big scale.
This kind of example can influence on major broadcasters as a big pressure. As long as they clearly know about this recent case, a group of management companies’ request asking ‘not to cast JYJ’ must have been strongly influential. The problem is that this irrational private group who takes its offended opinions rather than the law’s decision has the actual power to rule broadcasting system.
SM who failed to reach an agreement in the end said that it had nothing to say anymore and JYJ’s lawyers explained that “SM’s stance was to cover(forget about) over the issues in the past and we delivered our opinions that we should make clear the issues such as profit sharing which can be discussed by the law”. Now it has been passed on to the public, to judge the reason why SM is so unwilling to settle the profits earned from the members’ activities in Japan as TVXQ.
In September, the issues including profit sharing are going to be settled by the law.
This also means that all controversies are going to be settled by the law too. If the private group consisted of entertainment companies continued to threaten broadcasters after this, it might cause the general public’s anger. The people who only represent their benefits cannot block individual’s activities by using a way that the mafia uses. It makes me curious, whether JYJ can finish the conflicts with SM and end the Age of Oppression.
Translation Credit : https://dedicatee.wordpress.com
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