Tag Archives: Fair Trade Commission

[TRANS] 130725 JYJ Naver LINE Updates

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(10:59am KST) We thought that we wouldn’t be able to stand on stage again. But for the past four years, we have been able to stand on stage and sing. And it was all thanks to our fans’ sincere hearts and love for us. The link below will take you to C-JeS Entertainment and JYJ’s official statement on the Fair Trade Commission’s ruling on SM Entertainment. We hope that our fans all over the world take interest and read it. Link
[T/N: Our translations for the statement can be found here]

1:37pm KST) Translations for the video are below.

(Yoochun) The name JYJ… I really like it. Thank you all so much. Thank you for caring for us so much that we are able to live a happier life. I think we still have so much to do if we want to repay you for all of your love, so we’re going to do our best and go at it with all we have.

(Junsu) Thank you… Thank you.

(Jaejoong) I apologize. We hadn’t planned to come up and talk, so we don’t have much prepared. And when you don’t have much prepared, your emotions start pouring out first, like Junsu right now; it’s natural. If we were to have a real heart to heart, we would probably end up needing four to five hours, just to talk it out. Even that wouldn’t be enough, right? Yoochun said this too, but we’re so happy right now. We’re human after all, and I think humans feel most suffocated when they can’t like what they like, can’t do what they want to do, or express what they want to express. I’m so happy to be standing in front of all the people who have made it possible to be free in what we do, if not 100%, at least more than before. We will take all the strength you’ve given us and work harder, and within what we have.. Like what Yoochun said, we’ll go at it and break free. Till then, we don’t need anything else, we’ll be grateful if you just believe in us and watch over us. Thank you so much. And thank you to those sitting on the second and third floors as well. Thank you.

Till now, this has been JYJ. Thank you!

Source: [JYJ’s LINE account]

Translated & Shared by: dongbangdata.net

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[TRANS] 130724 [C-JeS] Our Official Statement Regarding The FTC’s Verdict Of SM Entertainment’s Interference

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C-JeS Entertainment’s statement on the rectification order made by the FTC on SM Entertainment-KFPCAI for interfering with JYJ’s activities as singers is as follows. (Official statement by CEO Baek Chang Joo)

We would like to thank the FTC for conducting such a transparent investigation for the past three years to eradicate unlawful actions in the industry, collecting evidence of SM Entertainment and principal agents in the culture industry, such as the Korean Federation of Pop Culture and Arts Industries (KFPCAI), unilaterally and systematically interfering with JYJ’s broadcasted appearances.

The investigation gave irrefutable evidence that SM Entertainment had violated the Monopoly Regulation and Fair Trade Act by abusing their monopolistic and superior leverage in the entertainment industry to disadvantage those who have different opinions multiple times. We believe that the FTC’s recent order to rectify such actions will shed light on the tyranny of super powers in the industry who go against the innovative economy policies of the current government.

The development of our nation’s entertainment industry, signified by the Hallyu Wave, will only take place if the creativity and diversity of every participant is respected and guaranteed. This means that we must no longer be swept up in the despotism of the few super powers in the industry. If the Hallyu Wave develops henceforth on the basis of a lawful mould, starting with today’s rectification order, we believe that this will be an opportunity for it to leap forth into the world again.

Although JYJ’s legal dispute with their former agency was concluded in April, JYJ still suffered from unlawful external pressure. Including the unilateral notification they received from their album distribution company recently, it is an undeniable fact that JYJ have unlawfully been restricted from appearing on music programs, even when they release albums. This is an embarrassing truth in our society today. But if policies and institutions continue to be the foundation of change, as they were today, we believe that JYJ will be able to perform on a fair stage in the future.

JYJ’s stance on the verdict is as follows.

“We would like to thank the FTC for their decision. Though it feels as though we have been locked in a hard battle since 2009 and are walking in an endless desert, today’s verdict gave us strength to keep going as it showed that the situation is slowly changing for the better. We hope that the FTC’s verdict will allow us to freely pursue activities in the entertainment industry and stand on a fair stage in front of the public. We also hope that such roads are also opened for our juniors as well.

Although a long and dark tunnel still lies ahead of us, we saw a strand of light in the far distance flash by our eyes. We will continue to walk towards that light, and we will always do our best to repay everyone with great performances and activities.”

<Reference-1 – Information relating to JYJ’s legal dispute and the FTC’s announcement>
On July 31st, 2009, the three members of JYJ claimed that their exclusive contract with SM Entertainment was no longer valid due to unlawful clauses including an extremely long contract period (13 years) that went against the social rules, an extremely biased income distribution that favored the agency, and no freedom with regards to activities during the contract period. Thus, they submitted an injunction to the Seoul District Courts to nullify the validity of their contract and on October 29th, 2009, the Seoul District Courts accepted the trio’s case and their exclusive contract nullification injunction (Seoul District Courts 2009Ka-Hap2869). Since then, the Courts have reconfirmed multiple times through multiple legal disputes between the two parties that their unilateral and forced exclusive contract was no longer valid.

In October of 2012, the FTC announced their new ‘Model standards for business transactions between entertainment management companies, celebrities (and trainees) and production companies’, which was intended to facilitate a fair working environment in the entertainment management business. Since then, entertainment agencies and the awareness of those working in the industry have changed, ensuring legal protection for those newly entering the industry, and providing a stable ground for rookies to pursue activities with no limitations. Today’s announcement by the FTC regarding the unlawful business transaction between JYJ and their former agency has proved that the two parties’ legal dispute has helped eradicate unlawful actions taking place and has become a stepping stone in creating a groundbreaking change in the industry.

<Reference-2 / 2012 November: The end of JYJ – SM Entertainment’s legal dispute>
On July 31st, 2009, the three members of JYJ claimed that their exclusive contract with SM Entertainment was no longer valid due to unlawful clauses including an extremely long contract period (13 years), an extremely biased income distribution that favored the agency, and no freedom with regards to activities during the contract period. Thus, they submitted an injunction to the Seoul District Courts to nullify the validity of their contract and on October 29th, 2009, the 50th Civil Suit Division (Judge Park Byung Dae) of the Seoul District Courts accepted the trio’s case and their exclusive contract nullification injunction (Seoul District Courts 2009KaHap2869). SM Entertainment submitted an appeal against the aforementioned verdict on April 12th, 2010 but was dismissed by the 50th Civil Suit Division (Judge Choi Sung Joon) of the Seoul District Courts on February 15th, 2011. This reconfirmed that the exclusive contract between the trio and SM Entertainment was unlawful, therefore invalid, and the verdict was made that the original verdict would stand. (Seoul District Courts 2010Ka-Hap1245). On February 21st, 2011, the 51st Civil Suit Division (Judge Kim Dae Woong) of the Seoul District Courts came to the verdict that SM Entertainment had been interfering with the trio’s activities in the entertainment industry, which including appearing on broadcasted programs, and ordered the agency not to interfere any more, as well as pay a 20 million Won fine for every instance they are caught violating this verdict henceforth (2010Ta-Gi4495).

Through a voluntary arbitration, in which it was decided that the exclusive contract between the two parties had ended on July 31st, 2009, JYJ became independent from SM Entertainment and were guaranteed the freedom to pursue any and all activities. This concluded the legal dispute between the two parties.

Source: [C-JeS Official Homepage]

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Translation 110801 Why Did C-JeS Decline An Appearance On A ‘JYJ’ Special Program’?

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[Trans] 110801 Why Did C-JeS Decline An Appearance On A ‘JYJ Special Program’?

‘Lee Giho’s Police Cop’ of the internet broadcasting program Radio21, which became a hot topic for giving birth to the new word ‘SoTamJaeShil(To desire Girls’ Generation and lose JYJ in the process)’, has been receiving great support from its listeners.

Last weekend, Enterpost met with a representative of the program to listen to the interesting behind-the-scenes stories. Apparently, the special program was not on the schedule; it was made and added to the schedule in a rush when Reporter Lee Giho, who has been keeping an eye on the JYJ issue, proposed its creation after coming to the conclusion that ‘Unjust forces have been applied on this issue’ when KBS suddenly cancelled JYJ’s appearance on the ‘Jeju’s 7 Natural Wonders of the World nomination commemoration program’.

As if it were taking its aim at KBS’s special program, the radio show took place for two hours from 4pm. It was scheduled so for strategic purposes, pacifying the anger of JYJ’s fans, who would have otherwise had to watch as girl groups with hot pants stood on the stage that their singers deserved to stand on.

There were some interesting behind-the-scenes stories regarding the casting of the participants. The first guest the program’s representatives attempted to reach was of course, ‘a JYJ representative’. This is because they were the victims most affected by KBS’ ‘brutality’.

When the program’s representative contacted C-JeS Entertainment, which acts as JYJ’s management agency, C-JeS expressed that it didn’t wish to appear on the program. They explained that though they agreed with the object of the program, there was a chance that their appearance on the program to reveal their stance may become an emotional battle. C-JeS turned down the offer and said, “We are cautious about appearing on the program as our actions may be interpreted as a ‘counterattack’. If we were to take action in such a way, what would make us so different from them(It’s easy for anyone to guess who ‘them’ are^^-editor)?”

And their final words moved the program’s representative greatly. “Though JYJ were not able to appear on KBS’ special program, they are still honorary ambassadors of Jeju’s 7 Natural Wonders of the World nomination. JYJ will continue to work hard to promote Jeju’s 7 Natural Wonders of the World nomination.”

Though a guest appearance by a representative of C-JeS didn’t occur, Radio21 was able to see their sincerity and instead met with Department Head Lee Jae Eun from Prain, the PR company of JYJ.

But even Lee Jae Eun confessed that she was experiencing a great amount of pressure from her appearance on the program. Though it was an interview that was conducted over the phone, the fact that the conversation was broadcasted live must have been pressure beyond one’s imagination. However, regardless of this pressure, Lee Jae Eun decided to appear on the program with the responsibility to correctly state the facts and process beneath the surface of the the issue for the listeners. She revealed many facts about the issue that had not been known before.

Though she was extremely busy, having stayed up the night before to monitor the last episode of Park Yoochun’s drama ‘Miss Ripley’ and to put the finishing touches on her work, Department Head Lee did her best to present the needed information and facts in a concise way.

The end product was a program that uncovered the hidden stories of a raging controversy that received an explosive response from netizens and fans alike. The public, not only fans of JYJ, was able to know the correct information behind the current issue that surrounds JYJ.

Meanwhile, C-JeS Entertainment has already reported KBS Jeju to the Fair Trade Commission for JYJ’s performance cancellation. But regardless of the outcome, KBS’ rash decision has lost the broadcasting company its moral image and trust. Will KBS ever be able to salvage its demolished image?

Source: [enterpost]
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NEWS 110722 C-JeS Lodges Complaint Against KBS For Disruption of JYJ’s Activities

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[News] 110722 C-JeS lodges complaint against KBS for disruption of JYJ’s activities

On July 22nd, C-JeS Entertainment released an official statement regarding the recent cancellation of JYJ’s scheduled broadcast appearance for Jeju Island’s special “N7W” concert.

Their statement reads as follows:

“We would like to first apologize to all the fans for causing them worry over JYJ’s cancellation. Illogical disruptions against JYJ continue to repeat themselves, and every time this occurs, we feel that hesitating is not being of any help to the artists involved, which is why we have decided to release a final statement.

Like a flower that blooms in the blistering winter, JYJ continues to make great achievements amidst exterior pressure and disruptions. Under the name of JYJ, they have released a worldwide album with the help of world-renown artists, and were even introduced on the American Billboard. They are also leaders of the Hallyu wave, having gone on a worldwide concert tour that has brought in over 100,000 people both in Korea and overseas.

Unfortunately, JYJ continues to encounter cancellations for their TV appearances, much like what happened recently.

C-JeS Entertainment will no longer pay such matters any attention and feel any joy or grief from them; instead, we will be doing our absolute best with everything in our power to take actions to ensure that JYJ will be able to walk the path they desire.

We have filed a complaint with the Fair Trade Commission for this case with KBS, and we will take legal action for any further disruptions of JYJ’s individual activities.

Not only that, we will continue to focus on the original lawsuit by using the recent controversy (as well as many others) as an accumulation of evidence.

Unfortunately, I feel that there will continue to be mountains standing in our way, even if we win the original lawsuit;the situation will not change all that much.

C-JeS Entertainment will continue to walk the path that JYJ have been on all this while. In the future, JYJ will continue to advance onto stages all over the world to show off their talents to their hearts’ desire, and to present joy through their music and acting.

Lastly, JYJ will continue to work as honorary ambassadors of the ‘NW7′ and promote the beautiful Jeju Island. We ask that the fans continue to lend their support and interest.”

Source + Photos: OSEN via Naver
credit: allkpop

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Translation 110718 JYJ Members Expressed Their Feelings With Regard to Performances Cancellation

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[Trans] 110718 JYJ Members Expressed Their Feelings With Regards To Performance’s Cancellation‏

JYJ members revealed their feeling with regards to cancellation of their performance in KBS “Wish for 7 Wonders – KBS Special 5 Live”. Representative company CJeS Entertainment stated that Jeju’s honorary ambassador JYJ was slated to perform 2 songs at the “Wish for 7 Wonders – KBS Special 5 Live” and to go through the ambassador appointment ceremony on the 20th, but they received the broadcast cancellation notice on the 16th.

JYJ Kim Jaejoong tweeted on the 16th with, “If there are going to be obstacles blocking us from promoting our nation’s natural wonder, then this time, I’ll just promote it alone (like this).” He tweeted again on the wee hours of the morning on 18th with, “I don’t believe that the 7 Natural Wonders of the World Declaration Committee chooses beautiful locations in the world as a means of publicity for the profit and losses of a specific nation. Finding beautiful things in the world is a “happiness” that everyone in the world shares. Wouldn’t the purpose of choosing these natural wonders be to preserve them for a long time? But if there are complicated conditions existing beyond this significance, then the simpleness ..of everyone finding happiness will not be a smooth road.” Kim Junsu also expressed on his Twitter, “We cross mountain after mountain.. but ahead looms another one” and “Why are you all sorry.. we’re the ones who should be sorry”
(T/N: all tweet translations are credited to dongbangdata.net)

CJeS Entertainment stated through their homepage that JYJ was supposed to be appointed as ambassadors through the Special broadcast but with Jeju’s local government proceeding with the promotional activities, they (CJeS) officially announced their stance that “In this situation where there are no negotiations with the artistes and performance was one-sidedly canceled just four days before, we will file a complaint to Korea Fair Trade Commission.” CJeS Entertainment has yet to hear any response from Jeju’s local government or KBS Jeju.

On the other hand, KBS had ever stated in their homepage’s message board regarding JYJ’s unability to perform on KBS Music Bank that it is due to the on-going lawsuit between JYJ and ex-company SM Entertainment and yet contracted with current representative company. They also stated, “The continuation of allowing JYJ to perform would cause legal problems and damage the cultural development and order. Until the judgment between JYJ and their company is passed or a mutual agreement is agreed upon, broadcasting activities will be stopped as what was stated before and would be further discussed depending on the judgment.” They further explained that, “The stance before the judgment of invalidity of the contract was a mistake in our management.”
(T/N: This refers to KBS’s change of stance stating that “the previous ‘restriction’ stance was in February.” They later on released another statement that JYJ would be able to appear when they release a new album since JYJ did not released an album since February.)

credit: asiae+mazejae
trans by: rachui@sharingyoochun

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NEWS C JES OFFICIAL ANNOUNCEMENT REGARDING JEJU Full…

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NEWS C_JES OFFICIAL ANNOUNCEMENT REGARDING JEJU (Full Translation, C-JeS Will Take Legal Action)

[News] C-JeS’s official announcement regarding Jeju (Full Trans, C-JeS will take legal action)

Hello

This is C-JeS Entertainment.

We are announcing our stance on KBS’s one-sided cancellation notification of JYJ’s appearance in KBS Jeju N7W Special Promotional Program.

Mid-April, through a phone call with the Jeju provincial government, we received their wish to appoint JYJ as an honorary ambassador to promoting Jeju’s selection in New 7 Wonders. The date in which we officially received the roles of an honorary ambassador and their reason for selecting JYJ through e-mail was April 26th.

However, it is customary for honorary ambassadors to begin their promotional activities after being appointed through an appointment ceremony and official press statements are released. Because the time in which we received the offer was during JYJ’s World Tour, we first politely declined their initial offer because we would be unable to hold an appointment ceremony.

However, the local government of Jeju-do stated that they were preparing a special broadcast program in July and that because they are preparing an appointment ceremony to be held then, they proposed that JYJ begin their promotional activities [before the ceremony] since they urgently needed publicity. JYJ, as Korea’s artist, accepted the position of honorary ambassador with responsibility in letting the world know of the domestic brand and Jeju’s 7 Wonders.

On May 4th, the Jeju local government notified the appointment of new honorary ambassadors through the press and [JYJ] officially began their promotional activities. JYJ, who was at the time holding their world tour, promoted Jeju Island and actively cooperated by filming videos encouraging on-line and phone voting as honorary ambassadors. Furthermore, last May, Jeju local government sent us a thank you mail stating that Jeju N7W were being publicized nationwide thanks to JYJ. In addition, the special broadcast program was decided to be held on July 20th, and JYJ was supposed to perform two songs and be officially appointed as honorary ambassadors.

However, on July 16th, 4 days before the concert, we received sudden one-sided notification that our appearance on television has been canceled. The reason was, “if JYJ appears, the program itself may not air,” a final notification without specific explanation. Today, although KBS claimed to have apologized to JYJ, we have only received one-sided cancellation and never an apology with official explanation.

We believe the broadcasting networks have the right to decide on the people that appear for the sake of their program. However, as this program was a special program wishing for Jeju’s appointment as the New 7 Wonders, and since JYJ has been selected as the official honorary ambassadors and have been holding promotional activities for three months, we insist on an official position from Jeju government and KBS regarding this one-sided cancellation notice.

Furthermore, C-JeS Entertainment will report the organizer, who has one-sidedly (without previous consultation with the artist) sent us a cancellation notice 4 days before the performance to the Fair Trade Commission, and will take legal action against this incident where the party promised JYJ a special broadcast program on their appointment ceremony, but deceived the artist by one-sidedly cancelling their appointment ceremony after using them for promotional activities.

Finally, JYJ’s current lawsuit is a civil suit regarding unfair contract with their previous management company, and is in reality, a weak artist’s fight against the unjust nature of exclusive contract, and thus is not a lawsuit which causes social problems or has moral issues. Furthermore, the courts have already decided that while this lawsuit is undergoing, JYJ has the right to resume their activities as free artists.

Most importantly, we apologize to JYJ fans who have received great shock through this unacceptable situation, and regardless of this situation, JYJ will continue to support promoting Jeju’s N7W as Korean citizens.

Thank You.

*****

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translation credit: withjyj

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Fair Trade Commission Issues SM Entertainment to Revise Idol Contracts 23 December

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Fair Trade Commission Issues SM Entertainment to Revise Idol Contracts 23 December

Firm Orders were Given.

SM Entertainment received a firm order from the Fair Trade Commission to revise the unfair contracts which bind SNSD, Super Junior, SHINee, and many others to them.

On December 23rd, the Fair Trade Commission stated, “We gave them a warning to voluntarily correct the unfair exclusive contracts that their celebrities and trainees have signed. [SME] is to reduce all contract lengths by three years.”

This decision by the FTC was based off of a complaint made by TVXQ’s fanclub, Cassiopeia. The group alleged that SM Entertainment was using their status to pressure a disadvantaged (’slave’) contract onto TVXQ.

SM Entertainment’s violation, as disclosed by the FTC, lies in the unfair contract conditions. These conditions included forcing artists to sign on for a long period of time, an excessive penalty provision for breach of contract, and a one-sided scheduling of activities. There’s also a clause that allows SME to extend contracts for overseas activities without first consulting the artist in question.

According to the FTC, these contracts from SME would run ‘for 13 years starting from the day of signing‘ or ‘exceeding 10 years from the day of debut.’ In compliance with the FTC, however, SM Entertainment changed their contracts to ‘seven years from the day of debut.’

If the artists decided to terminate their contract prematurely, they were subject to heavy penalties. Artists were forced to pay three times the investment amount, plus two times the amount the artist was to have made during the entire length of the contract. In short, even though the contract was terminated, these artist would have to pay double the amount of money they would have made in ‘x’ years left.

Because of the FTC order, however, this was changed to artists now paying an average monthly sales of two years before the contract termination, multiplied by the number of months in the remaining period.

The entire clause allowing activities to be scheduled without the artist’s consent has also been removed. It has been replaced with, “All celebrities of SM Entertainment may include their opinion at any point and ask for the appropriate document copies regarding their career from SM. SM has the right to refuse should the request be unjust.”

This new revision is expected to make an influence on JYJ’s case as well.

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