[TRANS] 121128 JYJ-SM Come To An Agreement: SM “It Was For The Best”, JYJ “A Battle That Had Already Been Won”

[TRANS] 121128 JYJ-SM Come To An Agreement: SM “It Was For The Best”, JYJ “A Battle That Had Already Been Won”

 

The legal dispute between SM Entertainment and JYJ (Kim Junsu, Kim Jaejoong, Park Yoochun) has finally come to an end through an agreement after three years and four months.

According to judicial circles, SM Entertainment and the three members of JYJ came to an agreement on the 28th to settle the termination date of any and all contracts between the two parties as the 31st of July, 2009, the date that JYJ filed their injunction of nullification. Also, it has been found that they have decided to drop all related lawsuits and have signed an agreement stating that they will not interfere with any activities that the other party pursues.

SM Entertainment said, “The trio stated that they have no intention of performing as members of the group ‘TVXQ’, so SM has come to the decision that we no longer have a reason to be in charge of management for the trio. We have come to a mutual agreement to not interfere with the other party’s activities as our paths will not cross in the future, and the lawsuit has come to an end through this agreement. Also, we have come to the decision that the best course of action was to end this lawsuit to ensure that there will be no more additional damages or unnecessary issues that arise because of the lawsuit that may harm U-Know Yunho and Choikang Changmin, who are currently active as ‘TVXQ’.”

CEO Baek Chang Joo of C-JeS Entertainment stated, “We believed that this was a battle that had already been won three years ago when the courts accepted our injunction. To be honest, we don’t believe that there will be much change to JYJ’s activities after the verdict because the interference of JYJ’s activities isn’t a legal issue, but a battle between David and Goliath.” He also added, “We are currently walking down a path that only JYJ could take, and we will continue to pursue our own activities, as planned,” and “We hope that the success of this agreement will rectify the various limitations placed upon JYJ that used the lawsuit as an excuse, and we would like to once more sincerely thank the domestic and international fans who have given JYJ their unwavering support from the start.”

Source: [Nate News]
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[NEWS] 121123 Asia Bridge Contents Loses Lawsuit Against C-JeS Entertainment

[NEWS] 121123 Asia Bridge Contents Loses Lawsuit Against C-JeS Entertainment

Last year, Asia Bridge Contents filed a lawsuit against JYJ‘s agency C-JeS Entertainment demanding a refund of 1 billion won ($921,192) in production costs. However, on November 23rd, the Seoul Central District Court ruled in favor of C-JeS Entertainment.

The company had signed an album production contract with a composer identified as ‘K‘ and paid the sum as an advance in April of 2010. ‘K’ had been under contract for the production of JYJ’s ‘The Beginning‘ album.

Last year, however, the company filed a lawsuit against C-JeS Entertainment demanding their refund of the advance.

The court has finally made their decision today and found that C-JeS Entertainment was not liable, reasoning, “This is a matter between Asia Bridge Contents and ‘K’, and does not involve C-JeS Entertainment in any way. C-JeS Entertainment is not obligated to refund the sum being demanded of them.”

Credit: allkpop
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[TRANS] 120918 SM vs JYJ, Negotiations Break Down Once More… Will The Lawsuit Be Extended Yet Again?

[TRANS] 120918 SM vs JYJ, Negotiations Break Down Once More… Will The Lawsuit Be Extended Yet Again?

SM Entertainment and JYJ (Kim Jaejoong, Kim Junsu, Park Yoochun) have once again failed to reach an agreement as they battle over TVXQ’s exclusive contract.

An arbitration session for JYJ’s exclusive contract lawsuit was held at the Seoul District Courts at 5pm on the 18th of September in room 579. This session had been scheduled by the judge’s orders though the final verdict had been scheduled to be made on the 13th.

So that the two sides could end the dispute with an agreement, the judge called in SM Entertainment’s CEO Kim Young Min and each side’s lawyers for an arbitration session that lasted around an hour. However, it ended in failure with both sides doing nothing but reaffirm the differences in their positions.

JYJ’s lawyer met with Star News after exiting the building and confirmed that the arbitration had failed by stating, “There were no results.” The lawyer added, “We did nothing but state our opinions and reaffirm our stances,” and “The differences in the two sides’ stances haven’t changed.”

It is said that the judging panel urged the two sides to come to an agreement during the session. The next court date has not been set, and the verdict has been postponed indefinitely. The reasoning was to give the two sides enough time to discuss and settle the dispute. This has made it almost impossible to determine when this lawsuit, which began three years ago in 2009, will finally come to an end.

SM Entertainment and JYJ’s lawyers have met several times since May, 2011 to come to an agreement and settle the issue. However, the final arbitration session of 2011 ended in failure, causing the case to be brought back to court. Though both sides gave their final pleas in May of this year, a clear difference in their stances could be seen. A final verdict was to be made this month but another arbitration session was held as the courts wish for both sides to end this dispute in an agreement.

(omitted recap of everything that’s happened till now)

Source: [Star News]

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[NEWS] 120810 SM Entertainment and JYJ To Have Another Trial In September

[NEWS] 120810 SM Entertainment and JYJ To Have Another Trial In September

SM Entertainment and JYJ have failed to reach an agreement on the issues surrounding the members’ TVXQ contract.

The trial between SM Entertainment and the members of JYJ took place on August 10 at 4PM KST in Seoul Central District Court. SM Entertainment’s representative Kim Young Min, along with lawyers from both sides, were present to debate the issue. The members of JYJ were not present for this trial.

In the 1-hour-30-minute trial, each side expressed their sentiments to the court, and afterwards, both sides expressed their opinions to each other. This day, Representative Kim left the meeting to have a conversation with a lawyer in the waiting room. He met with reporters during the mediation and stated, “The court is still in trial so nothing can be said.”

SM Entertainment and JYJ have been in trial since last May, going through a total of six hearings to reconcile their differences thus far. However, at the end of last year, both sides failed to reach an agreement and hearings have resumed. In May, both sides expressed their points during the hearing and waited for an official verdict, but the court advised a mutual adjustment so another trial date was issued.

However, the two sides have failed to meet a mutual agreement once again. JYJ’s lawyer told Star News, “The difference in opinion between the two sides is too large. An agreement could not be reached so it was decided that another trial will take place around September 13th.”

The lawyer continued, “SM Entertainment’s side is to ‘forget about the past’, and our side is to settle all the accounts and issues in court. Both sides diverge in opinion, but the court is encouraging a voluntary agreement or a mediation until a decision has been made.”

After three years of both sides battling for an agreement, the chances of the court making the final decision have risen. When the SM Entertainment representatives exited the court, they answered the reporters’ questions saying, “There is nothing for us to say yet.”

In 2009, JYJ stated, “[Please terminate the effects of our unreasonable exclusive contracts],” and filed a case. As the court accepted this, SM Entertainment filed a claim for compensation for damages in April of 2010. In February, the Seoul Central District Court dismissed both of SM Entertainment’s injunctions against JYJ.

After this recent hearing, it’s been confirmed that the exclusive contracts signed by both sides have been nullified, and that the decision to secure the individual entertainment activities of the JYJ members has been upheld.

Source & Image: Star News via Nate
Credit: allkpop
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[News] 120320 JYJ Sues, “Malicious Articles Are Just To Harm The Members”

[News] 120320 JYJ Sues, “Malicious Articles Are Just To Harm The Members

A spokesperson for group JYJ announced that they will sue a media outlet who released additional voice files regarding their ‘sasaeng fans.’

A media outlet reported, “The assailant Kim Jae Joong became a victim when media outlets covered their outbursts after certain incidents. His act of violence and violent language are interpreted as self-defense. What is worse is people think that the ‘sasaeng fans’ are not fans so they can be assaulted.”

“Obsessive love from ‘sasaeng fans’ should be blamed. They have to control themselves and reflect on their conduct. But an assailant is not allowed to turn into a victim. Even though they have been hurting a lot of stars, that doesn’t mean they can be violent.”

 JYJ’s agency, C-JeS Entertainment, announced, “Regarding the release of additional voice files of JYJ, we think that the articles are just malicious with the intent to harm the group members, not to give information to the public.”

“We decided to take legal action towards the malicious articles. We already asked our lawyers to write up a defamation complaint and it will be accepted today.”

“Since Park Yoo Chun’s father has passed away, the group members are having a hard time. We can not understand why they are acting like this.” JYJ’s legal agents, Sejong, said, “We think that releasing illegally recorded voice files with a persons real name, without consent from the person is clearly defamation and an invasion of their privacy.”

source: TV Report
credit: en.korea

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[TRANS] 120104 JYJ, Fugitives Of K-Pop Who Refused To Be ‘Slaves’, What Will Their Fate Be…

[TRANS] 120104 JYJ, Fugitives Of K-Pop Who Refused To Be ‘Slaves’, What Will Their Fate Be…

Written by melodiamuse

T/N: PLEASE READ BEFORE READING THE EDITORIAL
There are parts in this editorial that some people may not agree with and may deem to be provocative. Please take these points into consideration while reading this editorial:

  • Editorials are written from the personal perspective of the author. It does not directly represent the opinions and/or beliefs of the translator. HOWEVER, this not mean that we don’t agree with anything within the article, it just means we may not agree with everything.
  • Great care has been taken to retain the original intention and voice of the author (I am being totally serious here. I started this article at around 5:30 and it is now 11. Calculating in my time for dinner and the breaks I’ve been taking, it’s till a solid 4 hours minimum) which includes word choice and retaining the original formatting.
  • Nothing has been bolded except for the original subtitles as we have been told in the past that bolding may reflect upon our personal opinions.
  • And as always, don’t shoot the messenger.

———————————————————————————————–

[Lee Dong Yeon’s K-pop Odyssey] K-pop’s Amazing Fandom
 -Written by Professor Lee Dong Yeon Of the Korea National University of Arts

A K-pop craze is at its peak these days. In cities such as Tokyo, Beijing, Bangkok, even Paris, London and New York, K-pop is rising as a global pop genre. Broadcasting programs and internet media are raving that K-pop has become a global icon that showcases the cultural superiority of Korea to the world. But how much do we really know about K-pop? In what conditions did K-pop emerge into the limelight of global pop? How is K-pop music made, and how is it consumed? Is K-pop sustainable?

The K-pop we know isn’t real K-pop. This is because K-pop only deals with music from idols. It is also because the outside and inside of K-pop are cut off from each other. It is because international K-pop fans and domestic music fans see K-pop from different perspectives. K-pop is like Samsung, that has become a global corporation through its non-union myth. Though the idol groups have become global stars by working hard, the outlet for them to talk about their own troubles and pains has been blocked. Like Samsung, the global corporation without a union, K-pop is a global pop genre with no freedom and unlimited competition.

Though it’s true that there exists a global craze for K-pop, it’s been exaggerated by the media. Why is that? It’s because the media has a collusive relationship with entertainment production companies. More than 20 Korean press companies came together to cover the SM Town Live in LA concert in 2010. Of course, all expenses were paid for by SM. The day after the performance, a flood of articles praising K-pop came from the reporters who enjoyed the concert for free, and thanks to this, the stocks of Lee Soo Man, SM’s largest shareholder, shot up by 6 billion Won in the blink of an eye. Lee Soo Man’s stocks currently are valued at over 200 billion Won while Yang Hyeon Seok’s stocks from YG Entertainment, which went public last year, are valued at over 140 billion Won. The Korea Tourist Service, Inc. funded SM with 300 million Won for the 2011 SM Town Live in Paris concerts. K-pop has dominated the domestic market and has set its sights on the world with highly concentrated aid from the media and the government.

K-pop is a universal phenomenon, created by global fans who like music from idols in their teens to their 20s. It’s become a global sensation, not because it’s recognized for its musical talent, but more because it’s filling the gap left by idol pop of the past in the global music market. K-pop music creates unusual music by taking into consideration the trends of American pop and incorporating great dance moves, and an ironic situation has come about where third-party music markets are now imitating K-pop in return.

Professor Lee Dong Yeon of the Korea National University of Arts, who has played a big role in the creation of the Korea Pop Music Awards and has approached Korea’s pop music in a serious perspective through works such as ‘Idol’, has begun a series to explain K-pop. This series plans to delve into the secrets behind the ins and outs, the music and its industrial nature, and the creation and consumption of K-pop. This 10 part series will greet readers on a weekly basis and the first topic is JYJ, the perfect representation of the present state of K-pop.

▲JYJ made the problematic practices behind Korean idols’ contracts, which have even been compared to ‘slavery’, an issue in society once more.

JYJ are Exiled

JYJ are outcast of K-pop, fugitives. They are the Homo Sacer of K-pop, scared fugitives. According to Roman Law, Homo Sacer refers to a person who has been exiled, killed by someone, or erased from society and has his citizen rights taken away. But JYJ are neither political fugitives nor social rejects. We can’t make the conclusion that JYJ are as misfortunate as the lonely and worn out political refugees since they are still top stars in K-pop who have a large fandom. But they have the characteristics of exiled refugees and fugitives as they are unable to do what they wish in their own country.

JYJ are currently unable to appear on broadcasted programs like most celebrities. The only broadcasted program they’ve been in as a group was the airing of their congratulatory performance at the Daegu IAAF World Championships in September, 2011. Since leaving TVXQ two years ago, they have released official albums and sold many of them both domestically and internationally, but they have not received a single award at any domestic music awards ceremonies. Considering the fact that their first two albums ‘The Beginning’ and ‘In Heaven’ have each sold over 350,000 copies regardless of the deteriorating state of the album market, it’s almost impossible to understand why they have not even been named in nominee lists for Korea’s music awards ceremonies. Looking back on the fact that JYJ were named honorary ambassadors of the ‘Jeju 7 Wonders of the Natural World Nomination’ but had their performance cancelled for doubtful reasons, and the fact that their scheduled appearance on KBS ‘Music Bank’ never happened, we can come to the conclusion that there is either someone who is systematically hindering their activities or a large-scale interest group that has been working together to silence JYJ.

JYJ’s fans state that the people behind this hindrance is SM Entertainment, JYJ’s former agency. This is because they firmly believe that the only group of people capable of putting a stop to JYJ’s domestic broadcasted activities are SM Entertainment, who have been dissatisfied with the trio’s actions from the start. JYJ publicly exposed the unclear income division and unlawful nature of their contract with SM, and put the entertainment agency, that had been doing so well, in a bind. JYJ’s fans believe that SM is hindering JYJ’s activities as much as possible to exemplify what becomes of those who betray them, and to plant a sense of silent obedience in the minds of the idol groups currently in SM. It’s a plot that seems to have come straight from the life of a gangster. Even if a fatal blow was struck on TVXQ, the agency’s greatest idol group, and their activities, SM seems to have come to the conclusion that they can use their production power and authority to raise their current trainees, who are counting the days till they make their own debuts, to TVXQ’s high position. To SM, TVXQ are the filial sons who showed everyone the might of the company’s entertainment production power, but they are also the concubine’s child, who can be discarded at any moment.

SM’s Erroneous Judgment

There are two reasons why SM believed that they could incapacitate JYJ by putting a break on the group’s activities. One is that SM believes that, as the most powerful idol group production company of K-pop,  they will be able to affect JYJ’s broadcasted activities. Due to the nature of Korean pop culture, it is impossible to be a hit in the industry without any broadcasted activities. The role that SM idol groups have in cable and major broadcasted channels is one of great power and presence. More members from these groups appear as regulars on music programs, variety shows and radio programs than members from any other idol group from any other entertainment agency. Even if direct pressure isn’t being applied by SM, broadcasting companies can’t help but tread on glass as SM is home to many of their programs’ regulars, and they can’t properly consider allowing JYJ to appear on their programs without SM’s tacit approval.The only reason why JYJ were able to appear on KBS during the closing ceremony of the ’2011 Daegu IAAF World Championships’ was because the program wasn’t under the entertainment sector. Though the broadcasting companies claim that they can’t allow JYJ to appear on their shows because of their lawsuit with SM, this argument has lost its persuasive power as the Courts have already laid down the verdict that SM’s exclusive contract with TVXQ was unlawful. Also, it has been reported that the Fair Trade Commission received a petition stating that SM was hindering JYJ’s activities, and is currently preparing to impose hundreds of millions of Won in fines as they have found proof of these hindrances through an investigation.

The second reason is that SM probably came to the conclusion that JYJ would not be able to secure a proper management system that levels up to the one they had as TVXQ. To be popular both domestically and internationally, idol groups require, not only talent, but a systematic management system that will take care of them. Idol groups require a large staff for music production, choreography, wardrobe choice and scheduling. SM seemed to have believed that in a sitaution where broadcasted activities were difficult to obtain, it would be close to impossible for JYJ to succeed without a powerful support system from an agency, even though they were former members of TVXQ.

But the strange thing is that JYJ are on a winning streak. Ironically, the two-member TVXQ, who are receiving full support from SM, are less active than JYJ. Even fans of the former TVXQ are fully behind JYJ’s activities and cause. When comparing the sell-out rate of concerts, popularity of showcases, album sales, activities as CF models and internet search rankings, it can be concluded that three-member JYJ are much more successful than the two-member TVXQ. Why is this happening?

▲Chairman Lee Soo Man of SM Entertainment is the representative icon of the Korean idol pop, or K-pop, success story. He is also the representative icon of idol stars’ slave contracts. 

The Definition of the Fandom

The most important factor that SM has overlooked since TVXQ’s unlawful contract controversy began was the power of fandoms. It seems as though SM believed that there would to little to no unrest within the fandom if they kept the group going under the name ‘TVXQ’, even without the three members who left. They believed that as long as they kept the name of TVXQ alive, the fans would continue to cheer at and support the name. But their predictions were off. The majority of TVXQ’s fandom began supporting JYJ’s activities. What was important to the fans was not the name itself, but what defined TVXQ. With SM distorting the trio’s just cause into greed for an independent business, and with the other two members of TVXQ writing statements that threw the blame on the trio, TVXQ’s fandom moved towards JYJ’s side. JYJ were the definition and truth of what TVXQ had been. Fans believe that though JYJ no longer call themselves TVXQ, they continue to walk down the right path that TVXQ should follow as musicians, only under a new name.

Then what does JYJ’s fandom stand for? The fans strive to be the ones who protect their favorite musicians. It is in this point that fans can be deemed selfish. Fandoms act as exclusive as they can to protect their stars. That is why this fandom wants the separation of their favorite stars and the production company that made those stars who they are now. Though it’s true that stars are able to be active in the industry because of their production companies, the fandom believes that their stars won’t disappear just because they don’t have that production company anymore. To fandoms, production companies are a necessary evil and an inconvenient truth. Though their favorite stars need a powerful production company to succeed, they do not want to see their stars placed under strict control from these companies that have gained power and wealth from the fans’ economic investments. Furthermore, if their favorite stars’ contract is unlawful, if their schedule is suicidal and if they aren’t receiving a fair division of income, production companies can’t help but become a public enemy to the fans. The fandom’s distrust in SM, TVXQ’s production company, dates back many years. With HOT and Shinhwa’s past conflicts with SM over unlawful exclusive contracts in their minds, fans lived in fear that TVXQ could hit a snag at the height of their popularity over their own unlawful contracts.

When that fear became reality, TVXQ’s fandom chose to side with justice over the name itself. They created a base camp to support the three members of TVXQ and declared war on SM. With detailed logic and substantial proof, they explained why TVXQ’s contract was unlawful, why the members weren’t receiving a fair portion of their income and why SM wasn’t revealing the exact profits from TVXQ’s Japanese activities, successfully stirring up positive public sentiment. Also, they submitted petitions declaring that TVXQ’s contract was unlawful to the Fair Trade Commission and when JYJ’s broadcasted activities were blocked, submitted another petition that expressed the fans’ suspicions that SM was behind it. They were not afraid to go from being TVXQ’s fandom to JYJ’s fandom. Also, they collected donations to set up a support campaign for JYJ under the slogan, “We Support Your Youth”. In order to protest against JYJ’s inability to appear on broadcasted programs, they created satirical advertisements such as ‘You want to sing on TV? How dare you?’ and ’101 Ways to Get JYJ on TV’. While JYJ were living as fugitives, their compatriots were forming a new just republic.

The Source of Happiness, Free Will

Then, are JYJ, the fugitives of K-pop, happy? Of course they are. They are happy because of what their fandom stands for. JYJ’s source of happiness can appear to be commercial success on the outside. Since making their official debut in 2010, JYJ have been as successful as they were as TVXQ. They’ve sold at least 1.2 million albums in total with two albums, solo single albums, OST albums and concert albums. They appeared in over ten CFs, which include Lotte Duty Free, and not only have they released photobooks, an essay and DVDs, but all three members have also been appearing in movies, musicals and dramas. Including their live tour in Japan, their 2010 worldwide showcase and their 2011 world tour, they’ve held a total of 33 performances for 550,000 people. They’ve attained more economic wealth than they did as members of TVXQ, and have achieved more fame than the two-member TVXQ.

But the real reason as to why JYJ are happy lies in the fact that they are now in a free environment that puts them in control and allows them to choose their own activities. No longer do they merely wait to be told what to do by their agency, but they have now recovered their free will and are able to choose their own activities, and this is their true source of happiness. JYJ are currently not listed under any agency and are signed an agency contract with C-JeS Entertainment, giving the agency work that is required to keep the group going. Different from their days as TVXQ when they were given their schedules by SM, they have full control of what they will be doing. They now produce their own music and are expressing their wish to be called artistes. They now have the right to make the decisions on things such as holding concerts, performing as a unit and releasing albums, without having to tread on glass or get approval. Though they have become fugitives who have had to give up their nationality as members of TVXQ, they have been granted the right to make their own decisions. They’ve given up their original name and vested rights, but have in turn gained the free will to think and act as they please. Is this not the dream that many K-pop musicians should have?

▲TVXQ once released a song that had nuances of criticism against the members of JYJ.

Reuniting as TVXQ Once More?

TVXQ, who were once praised as the most perfect group in Korea’s idol group history, have now been divided into TVXQ and JYJ. This fateful split that occurred when they were at the top of their game can’t help but be a misfortune and tragedy for fans. Though it would have been best if all five members had left SM and pursued independent activities like Shinhwa, personal interests and misunderstandings got tangled up, leading to the split of the group.

Fans of the former TVXQ and even current fans of JYJ have all probably dreamt of the group’s reunion at least once. Of the two remaining members canceling their contracts, leaving SM and reuniting with the three members as TVXQ, that is. This is because there is little to no chance of JYJ returning to SM because they miss the name ‘TVXQ’. This leads to the question, will the two members of TVXQ be able to leave SM? And will they be able to exercise their power under the name TVXQ once more?

That is most probably impossible. As long as SM doesn’t give up their trademark rights to ‘TVXQ’, it will be impossible for any reunion to happen under the name ‘TVXQ’. There isn’t much of a possibility for U-Know Yunho and Choikang Changmin, the members of TVXQ who made the decision to stay in SM and have been active till now as a two-member group, to put into action the thoughts they must have had at one time of leaving SM. Even if it was possible, it would be impossible for them to use the name ‘TVXQ’. That leaves only two possible ways for the five members to get back together as TVXQ. The first is to accept the reality of a two-member TVXQ and a three-member JYJ, but to recognize JYJ as members of TVXQ in one’s heart. This means giving the three members of JYJ the actual authority and power behind the name ‘TVXQ’, though they are unable to use the name and though a two-member TVXQ exists under SM. In short, this means accepting the reality that the name and the contents of that name don’t match. In this case, JYJ will still have had to give up their original nationality as members of TVXQ, but will forever live as fugitives who are given a symbolic prestige and authority by fans.

The second way is highly unlikely, but draws the scenario in which the two remaining members of TVXQ leave SM and join JYJ. Even in this case, they will not be able to perform under the name ‘TVXQ’, but they will be able to regain their identity as members of TVXQ. This will be because all five members of TVXQ will have chosen exile together. The name doesn’t really matter. They could end up being JYJYC or YCJYJ. Though there were misunderstandings and hostility in the past, fans probably wish for the second scenario to happen. Even if it means being unable to call the five members TVXQ, and having to call them a new name of exile. As long as they are together, it doesn’t matter.

Source: [Pressian]

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NEWS 111203 JYJ Sent Congratulatory Message To Sejong Law Firm

[News] 111203 JYJ sent congratulatory message to Sejong law firm for its 30th anniversary

On Nov 30th, Sejong has celebrated the 30th anniversary of it founding at Westin Chosun Hotel in Sogong-dong, Seoul. Before this event, famous singers JYJ’s members’ congratulatory video was showed. They said, “During our very difficult time, thanks to Sejong, we were able to start our activities again. Next time, we hope that we can meet as younger brothers and brothers/sisters, not in case of incident/accident.”

“Incident/accident” refers to the fact that they have withdrawn from SM Entertainment’s affiliated group DBSK in 2009 and involved in a legal dispute. On their behalf, Sejong applied for injunction against SM Entertainment, demanded SM to do not interfere in breakaway members’ independent entertainment activities. The Court accepted this application in October 2009. SM Entertainment filed an objection against it but it was dismissed last February. With this winning (T/N: in original article, the journalist used “승소”, a legal term which means “win a case/lawsuit”), JYJ traveled with their concerts around Europe and Asia and have become one of the leaders of “Hallyu Fever”.

In 2009, Sejong formed a team wholly charged for events in entertainment industry, with lawyer Im Sang-hyuk and 5 other lawyers as main axis. On the behalf of JYP Entertainment, this team was responsible of various negotiations with Sony Japan, in order to sign a contract establishing local affiliated company. Early this year, they gave legal advice to DSP Media that was dealing with the declaration of leaving of KARA’s members. They also took charge of contract issue between actor Song Sae-byuk and JY Entertainment.

As entertainment industry has grown with “Hallyu Fever”, it became a trend that many law firms formed a team exclusively responsible for entertainment cases. Yulchon also has Cultural Industry team that engages in advisory activities for entertainment companies including SM Entertainment.

Source: Korea Economic Daily via Nate
Translation by: The_Little_Pear of JYJ3
Shared by: JYJ3
Please do not add to, alter, or remove the credits.

Momma’s Source: sharingyoochun.net

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Translation 111020 KBS’ Change of Words That Tricked JYJ (Lee Seung Rok’s Compass

Another week has gone by with JYJ’s appearance on KBS 2TV’s ‘Music Bank’ falling through.

According to the Korea Communications Commission, KBS has stated that they have kept their former stance regarding JYJ’s appearance on ‘Music Bank’ that, “Appearing on broadcasted programs may affect the outcome of celebrities’ lawsuits, and we will continue to review the possibility of JYJ’s appearance on the show as we keep an eye on the situation,” and also stated, “We have not changed our stance that as the group is currently involved in many lawsuits regarding the results of their injunction, the validity of their exclusive contract and compensation, we will continue to postpone their appearance and keep an eye on the situation till the final verdict is made, regardless of the outcome of their injunction lawsuit.

They then added, “Though the situation keeps changing with the content of their injunction and release of their album, there is still a lawsuit going on between SM and JYJ, and as the courts have not made their verdict on the issue, the staff of ‘Music Bank’ have not changed their stance on the issue.”

But in May of this year, KBS released an official statement that is slightly different from the one they produced recently. At the time, KBS stated, “According to the staff’s criteria that an appearance is decided upon only after the release of an album, JYJ are not qualified to appear on ‘Music Bank’ as they have not released an album since the courts made a verdict on the 17th of February,” and “The selection of appearances lies solely in the staff’s decision and they will further discuss the possibility of JYJ appearing on the show after JYJ have released an album.”

As JYJ have been unable to appear on a single music program since they split from TVXQ, JYJ and their fans found hope in the official statement of ‘Music Bank’. And when JYJ released their first Korean album ‘In Heaven’ in September, many focused their attention on whether JYJ would be able to appear on ‘Music Bank’ or not.

It’s been over a month since the audio files of ‘In Heaven’ were released and not only have JYJ not received a single invitation to appear on a music program, but even ‘Music Bank’, on whom many had placed their hopes, completely changed their stance and have become the target of JYJ and their fans’ disappointment. With KBS’ ridiculous change of heart coming to light, it makes one wonder if they ever even considered allowing JYJ to appear on ‘Music Bank’ in the first place.

What’s most difficult to comprehend is the fact that JYJ’s name can’t even be found on the show’s ‘K-Chart’, which focuses more on objectivity than most other music programs as it takes into consideration digital audio file downloads, album sales, number of times a song is broadcasted and public preference.

Even if JYJ were unable to appear on the show like KBS stated, they should at least be included in the ‘K-Chart’ and be able to compete with other singers. Allowing a singer to appear on a show and having that singer’s music included in music charts are two completely different issues. If KBS did not allow JYJ to appear on ‘Music Bank’, even if they were to grab the number one spot on the ‘K-Chart’, this wouldn’t clash with KBS’ current stance. The fact that the group isn’t even considered on the charts is only deepening their fans’ suspicions.

Regarding KBS’ official statement, JYJ’s agency C-JeS Entertainment stated, “KBS must show proof that they are making the decision on JYJ’s appearance with the same criteria that they are using for all celebrities who are currently appearing on their programs,” and “If KBS respects the verdict made by the courts, we believe it is only right for KBS to take full responsibility in ensuring that they stay fair and execute the courts’ verdict that guarantees JYJ unrestrained independent activities.”

KBS and JYJ’s disputes continue to pile up with KBS’s surprise cancellation of JYJ’s performance in the ‘Jeju 7 Natural Wonders of the World Special’ and KBS’ unjust review of ‘Pierrot’. But a large portion of the public refuses to accept the current situation of JYJ being unable to appear on music programs. JYJ’s Kim Junsu, Kim Jaejoong and Park Yoochun, who are unable to appear on ‘Music Bank’ due to their lawsuit with SM, is currently hitting it big through dramas and musicals. It’s quite ironic, really.

Source: [MyDaily]

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Translation 110920 C-JeS Announcement on Rumor-Creation

[Trans] 110920 C-JeS Announcement on Rumor-Creation

The Policy of the Management On the Defamation on Cyberspace

Hello.

First, we thank you for the support and the interest on the first Korean-language album by JYJ.

It has been a year since JYJ has started anew with the worldwide album released all throughout the world. They are continuing their shining achievement as world stars—the musical achievement of the successful holding of a 10-country world tour and activities as the global honorary ambassadors for a UN agency and for many governmental units and corporations.

We think it is the same for the fans of JYJ as well. Every time there is a performance there is a high-quality culture of viewing and day after day there are beautiful donations by the fans. The sound fan supports, rice donations, and interest for the products for which JYJ act as models makes the industry affiliates surprised. The satire advertisements on newspapers, bus, and subway stations that call for JYJ’s broadcast activities acted as impetus for the media to recognize the high quality of the JYJ fandom culture.

C-JeS Entertainment, which is in charge of JYJ and their management, always respect the fans and we deeply thank you.

However, nowadays among fan communities, there are those who call themselves “fans” and for the reason that they are “fans” the create rumors about members and make personal attacks. Until now we dealt with the incidents individually but today we give an official notice of stern warning from the management.

We will not recognize the people who have defamed any member of JYJ with the creation of baseless criticism and rumors to be “fans” and we will take legal measures with clear evidence.

We have secured multiple pieces of evidence, including those that we’ve warned individually and/or have inquired for investigations. If the posts are not deleted or if this kind of activity repeats itself after one week from this warning announcement is made, we will submit those evidence and inquire investigation to the Cyber Terror Response Center.

This is more than merely a distorted heart of a fan. It is a serious crime. We ask the fans to understand and respect this announcement.

The three members of JYJ are more than merely members belonging to a group. Further, we ask you to please look forward to the good music and great activities that will be brought under the name of JYJ.

Thank you.

source: C-JeS
trans by: JYJ3
shared by: sharingyoochun.net

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Translation 110725 Avex Sues The Sumo Association For 143.4 Million Yen

[Trans] 110725 Avex Sues The Sumo Association For 143.4 Million Yen

(T/N: This article was translated from the magazine Shuukan Genzai. It’s a rather disorganized article and contains factual errors, so please take this article with a pinch of salt. Also, additional translator notes had to be added to make more sense out of this article, so please bear with me)

Even if you’ve never heard of the popular Korean idol group JYJ, you would probably be familiar with the name “Tohoshinki.” 5-man boyband Tohoshinki is a highly popular group that was ranked as the no.2 best selling artist for CDs & DVDs last year in Japan, with earnings close to 9.4 billion yen.

However, unexpected trouble has arisen due to their “Charity concert” which was held in the Ryogoku Kokugikan on 7 June this year.

Tohoshinki’s management company in Japan, the large recording label Avex has announced that they are currently suing the Japan Sumo Association, who owns and manages the Kokugikan. We will talk about the details of this lawsuit a little later, but Tohoshinki has been facing various issues within the year.

During spring of last year, 3 of the 5 members in Tohoshinki revealed their unhappiness with the low amount of remuneration they were receiving, and broke away from their (Korean) management company, which is one of the largest entertainment companies in Korea. They became independent and started activities as “JYJ.” At the same time, they also left their Japanese management company Avex, and started doing activities independently. Currently, the two remaining members are continuing their promotional activities as “Tohoshinki.”

(T/N: This is a factual error. JYJ signed a new contract with Avex initially as JEJUNG/JUNSU/YUCHUN (JJY), which led to the release of the “The..” album as well as the “Thanksgiving Live in Dome” concerts, with Avex announcing the suspension of JYJ’s activities later in the year citing reasons as stated below)

However, it was later discovered that JYJ’s management company C-Jes Entertainment’s representative was involved in gang-related activities, and this was picked up by the sports papers. (T/N: Sports papers = Japanese tabloids)

Sending Propaganda Vehicles to Avex

Furthermore, this issue became complicated in May this year.

“On the morning of 6 May, in Tokyo’s Bunkyo City, near Avex’s Executive Vice President Chiba Ryuhei’s home, right-wing propaganda vehicles turned up in an aggressive manner.

While yelling “AVEX!” they continuously played the Japanese anthem at a loud volume in the quiet residential area. These propaganda activities would happen for around 15 minutes at a time, and occur several times a day, continuing for a week. Chiba’s family were emotionally run down, and were too afraid to even step out of the house. Naturally, the police officers in the area came and gave repeated warnings about this.

Around the same time, the same propaganda vehicles visited the Avex head office in Aoyama, shouting about the nuclear plant and other unknown issues before leaving. The volume could be heard so loudly that it affected the operations within the office.”
– Representative from the Police

The famous right-wing group that sent the vehicles explained that the protest was due to Avex’s actions to demand a prohibition.


According to this right-wing group, JYJ had been planning for this charity since May of this year.

“Initially they planned to hold it at Tokyo Dome, and we received an inquiry from them. However, we hold the management rights within the country, and having this concert with such disregard would be a breach of contract, and therefore could not be allowed. The event location was informed that they would be held responsible as well, so Tokyo Dome refused to give its approval (for the event.)

C-Jes then approached Yokohama Arena, Saitama Super Arena and others, for a location to hold the event. We received inquiries from various locations and we gave the same explanation, requesting for them to desist. “
– Avex related personnel

Saitama Super Arena, who had already started selling tickets, panicked and withdrew (from the agreement) after receiving this notice from Avex.

Immediately after this, the protests happened. Where the right-wing group heard about the event is unclear but, “After so much effort in organizing a charity event that could raise 100 million yen for the disaster victims, why are you raising objections and preventing the event from happening,” they argued with good reason.

It was around this time that suspicious people started “paying visits” to Avex.

Just before Golden Week, a man claiming to be from another right-wing group visited Avex, saying “The Koreans are helping to raise relief funds for the Japanese, so why are you causing problems for them?” and other things, raising his voice at the staff who served him.

Also, there was an incident of a man holding a name card of another group visiting the head office building, but was stopped by the security personnel.

Warnings Were Issued To (Japan Sumo Association) Chairman Hanaregoma

All of a sudden, the 7 June concert was to be held at the Kokugikan.

“An email came, with contents that said something similar to, “To the fans, this wouldn’t exactly be called a concert but more of a fanmeeting.” Although this was announced just before the event was held, most of the fans participated very happily. The tickets cost 8,500 yen per person. Compared to the time of Tohoshinki, the trio’s dances may seem a little lacking in power, and it was a pity that they couldn’t sing Tohoshinki songs, but the fans were really passionate as they were finally able to see the three members after a long time.“
– Female fan who attended the concert

However, Avex was enraged by this sudden concert. “We informed all concert venues that JYJ and C-JeS were in breach of contract, and requested for them not to hold the concert. However, the Kokugikan silently pushed through with it.

“On 10 May, we issued a warning letter addressed to the Executive Director of the Japan Sumo Association(JSA) and distinctly requested for a cancellation. But a representative of the Sumo Association called us on 12 May and said “Settle the problem among yourselves,” “Because we have already given them approval to use the venue, and also received payment.” in a hostile manner. On 2 June, just before the concerts, we sent another warning to Chairman Hanaregoma, but was completely ignored.”
– Avex related personnel

Avex even applied for a provisional disposition to prevent the concert from happening, but it was held nonetheless. And now, they are now suing the Sumo Association and its management partners, requesting for 143.4 million yen in compensation at the Tokyo district courts.

This compensation amount was calculated from the expected profit that Avex would have earned as the rightful management company, if they had held the concert.

“All of the concert venues in Japan refused to hold this concert because they knew about the problems between ourselves, the right-wing groups and gang-related people. But for some reason, the Kokugikan agreed (to hold this concert.) We suspect that it’s possible that they may be connected to those (right-wing groups and/or gangs) sides”
– Avex management staff

The Sumo circle have always seen gang-related people sitting in the “ijiin” seats (T/N: the best seats closest to the sumo ring) , and there has been rumours that the “oyakatas” (T/N: Sumo coaches) have gang connections as well. With regards to this lawsuit, the Sumo Association said, “ We have yet to be able to verify this writ, so we are unable to reply to your inquiries.”

For the Sumo Association, who were finally able to hold their “Grand Tournament,” after being plagued by misfortune, a popular idol group concert would definitely have been something that they would want very badly. However, it resulted in them antagonizing a big record company.

Source : [Shuukan Genzai]
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EDITORS NOTE This is so bogus I now…

EDITORS NOTE::

This is so bogus. I now place Avex among the other kicking, screaming terrible two-year olds of the entertainment industry. How arrogant can you get!! It is so easy to posture, whine, complain, and poke fingers at JYJ and C-Jes. I’ve seen this ‘I’m afraid for the president’ stuff before. Don’t you have bodyguards? I know for a fact that JYJ would not try to harm anyone–so this in invalid. You need to look for someone else to throw this charge onto.

Avex believes that they can just snap their fingers and suspend JYJ’s activities? I don’t believe that our men were depending on Avex to promote or support them. No one is fooled by the cloying language of this post.
The tone is presumptive, implies that JYJ (and ourselves) is brainless, and is overall unconvincing.

What takes guts is to stand up and do what is right. Obviously the SM machine is still grinding away–and Avex is afraid to tip the cart. The whole dilemma (whether they know it or not) is that JYJ does not acknowlege their claims on the same basis as they have with SM. You talk about abuse on the part of the C-Jes President–you are abusing millions of people in Japan by your stubbornness and lack of humanity. You are concerned about the president of Avex. that is one person. There are millions of people in need of recovery in Japan.
Put it any way you like, it still boils down to nasty politics–and people cannot eat, drink, or be cared for by that. Momma Cha

Translation: 110428 Avex’s Statement Concerning JYJ’s Charity Event

April 28, 2011

To Whom It May Concern

Avex Group Holdings Inc.

Concerning the Charity Event by JUNSU/JEJUNG/YUCHUN

There was an announcement on April 5 this year, that JUNSU/JEJUNG/YUCHUN (exclusive artists of our company, hereinafter named “JJY”) will hold a charity support event (hereinafter called “this event”) for the Tohoku Kanto Earthquake Disaster.

This event was planned without receiving any permission from our company, which holds the exclusive management rights for JJY in Japan.

Our company has protested multiple times to the organizer ZAK Corporation (hereinafter named “ZAK Corp”) and JJY’s Korean management company, C-JeS ENTERTAINMENT, Co.ltd (hereinafter named “C-Jes Corp” ). However, they have not listened to our protests, and forced through with the ticket sales unilaterally.

Concerning our company’s above handlings, we have received many comments and requests from JJY fans that this event should push through. Or, that since the sole purpose is for charity, we should especially dissolve the exclusive contract. On the other hand, we have received protests from multiple antisocial forces. Furthermore, we were under duress that our president should be harmed, etc.

However, our company holds the exclusive rights for JJY’s activities in Japan, and we have just taken actions for the infringement rightfullly and properly.

Additionally, as we have announced in our press release of September 16 last year, there remains to be compliance problems such as the criminal record of the President of C-JeS in assaulting/blackmailing an artist (of whom he was in charge of). Moreover, the exclusive contract declaratory judgment is still going on in Korea. Therefore, we have no other choice than to suspend the activities of JJY until these are settled.

In spite of the above circumstances, ZAK Corp and C-JeS have in their joint names, and, as ZAK Corp by itself, have filed two provisional dispositions against our company to the Tokyo District Court, claiming that our company’s handlings have no legitimate basis.

Hereafter, our company will contend our legitimacy at the judicature.

Our company does not think that the JJY members themselves are aware of everything that is happening.
Our company wishes that the JYJ members will understand the situation correctly and the real intention of our company.
Additionally, as we have been consistently commenting, our company long for the day where the compliance and legal problems in Korea will be resolved, and that our company can once again manage JJY. Furthermore, to resume the artists’ activities as Tohoshinki . We will do our best in the future.

For the fans who support JJY, we understand that we are making all of you worry.
We appreciate your kind understanding on the above.

Source: Avex Group Holdings Inc
Translations: smiley @ OneTVXQ.com
Special Thanks: ミ♥ Lovedust @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
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