Post Reply Tohoshinki's Park Yoochun, Kim Jaejoong, And Kim Junsu For A Lawsuit Against SM Entertainment (UPDATE)
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Posted 8/3/09 , edited 8/3/09

The press conference started at 9:50AM (Korea Time)... Fans are loosing their patience with LSM now... All Cassie's are now united to fight for the boys not to disband and blast off LSM... Even the 5 boys don't want to disband either... LSM, is too overboard...!!!!

11:20AM (Korea Time)... From the press conference this morning, they're explaining the matter about money and the Crebeau business... All the issues are spoken mostly on Kim Jaejoong and Kim Junsu... Both the boys faces are very disappointed with LSM...

1:50PM (Korea Time)... The conference is over. The thing the boys talked about is the money on album issues, the control of the contract, & letting them go... Most of the boys want to end there contract because if they were to go to NS they will be 15 w SM. But SM won't let them go... The boys said they have NO intentions to break up... But I guess there will be a second press conference....



Shared By: 캘리Kelly @ Facebook.com



From the three members, “In five years since debut, the schedule that is conducted by the agency has been causing exhaustion both to body and mind. Cosmetic business is not related to the lawsuit.”

1. After 5 years debuting, among the three members due to the schedule conducted by the agency, it causes exhaustion to the body.

- According to SM instructions, Jae Joong, YooChun and Junsu along with the rest TVXQ members have to go across Korea, Japan, China back and forth in a week, each member only have 3-4 hours sleep a day.

- The members’ health is deteriorated a lot, and also enduring mental fatigue.

- Due to SM attempt to advance overseas market, as time goes by, the established active schedule for the members is getting unreasonable.

- SM doesn’t treat them as artists anymore, but not more than just a tool to achieve more and more income for the company.

2. 13-year exclusive contract is like a contract for a lifetime.

- The exclusive contract whose period lasts for 13 years purely active in entertainment world in which if it’s including the military service, the contract basically lasts for 15 years period (T/N: since 13 years is excluding military service) — it means, still 10 years to go to finally retire the contract.

- Meanwhile, if they turn down the contract in the middle of period, the penalty they have to pay can reach hundreds of million won since they have to recover 2 times of revenue loss the company suffered from disabling the contract.

3. The members don’t receive proper treatment from SM.

- They have no deposit, since the terms of the exclusive contract forbids the distribution of revenue records.

- In the first contract (unrevised), only if they can sell a single album more than 50,000 copies, the members can receive 1/1000 of the sales. However, if the sales is less that 50,000 copies, they won’t have even a single penny of revenue allocation.

- The contract then was revised on 2009.02.06. Yet, even after the revision, the contract states that the distribution profits received by the members from album sales for each person is only 0.4 % – 1%.

4. Members have already demanded to correct the unfair clauses in the contract, but SM did not listen to them.

- The three people had requested to SM and shared their own vision to adjust the unfair clauses caused by the exclusive contract effect, but SM passed the discussion and pointed out the cosmetic business instead which is not even the essence of their request.

- Nevertheless, the three kept continuing to solve the problem through dialogues so that it would satisfy both parties, but SM still didn’t response. Since they felt no hope and realized that their efforts to talk to SM had been meaningless, therefore they finally filed the appeal to the court for a final solution.

5. Cosmetics business investments and also other financial investment are unrelated to the entertainment business they’re focusing in, thus have nothing to do with their injunction application. The nature of the case is to solve the unfair exclusive contract.

(no need futher explanation. SM just insists to point out cosmetic companies investment as the core problem, but they stressed here again, that it’s not the case. The three members are only one of shareholders and not even the high officials of the cosmetic companies. Their lawsuit is purely only to resolve the unfair exlusive contract.)

6. The members don’t want the disbanding, they just want to escape from the bondage of the unfair contract.

- The injuction application is not for a purpose that leads to disbanding. The problem now is to solve different opinions regarding the contract. The three members have no problem to the rest of members and still want to create good music together.

- Once all the unfairness is getting straightened, they will start their activities together soon. Through this condition, they ask the fans to be united and believe in them.

7. This situation is an opportunity for them to get mature.

- The three members of TVXQ who are included in the injunction application feel sorry for the fans for making them shocked and disappointed.

- However, to think it in bright side, it’s an opportunity for them to jump to bigger dream and getting more mature. The members have promised the fans to repay all the supports received.

Source : asian economic
English translations sharingyoochun


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This is the English translation posted up in DNBN...

TVXQ three members, made public announce " we never got appropriate treatment "

Xiah Junsu, Hero Jae Joong, and Micky YooChun made public announce through SeJong, on August 3rd.

They said, "During the five years after our debut, we were getting really tired mentally and physically because of the one-sided schedule of SM. The beauty business does not have any relationship with this situation."

Here is the original interview.

1. During the five years after their debut, the three members were getting really tired mentally and physically because of the one-sided schedule of company.

Junsu, Jae Joong, and YooChun are the members of group TVXQ and they made debut in 2004. They had to travel Korea, Japan, and China and perform their schedules by sleeping only 3~4 hours a day except a week in a year by their management company, SM`s instructions. Their mental and physical health conditions were getting so worse because of the tired schedules, but SM tried to enter them to abroad and made unreasonable one-sided schedules. Finally, the three members realized that they cannot achieve what they want as artists in SM, and would be used as just tools to make profit of SM.

2. The period of 13 years actually means whole life contract.

However, according to their contract, the contract period is 13 years and would be more than 15 years including the military period that they will serve. And it means more than 10 years are remaining and it would be whole life contract that until when they would retire. And if they break the contract, they should pay more than three times of investment or two times of profit. Although they break the contract with the mutual agreement with SM, they have to pay the money. In other words, it was actually impossible to break the contract, so they had to follow them.

3. The members never got appropriate treatment that reflects how they tried.

It does not mean the members got appropriate treatment that reflects how they tried. Not only there was no deposit, but also they could get less than 10 thousand dollars only in the situation when the albums were sold more than a half million in one day, and if not, they could not get any money. according to the first contract. This was changed on Feb 6, 2009, but still the money that members are getting from the albums is only 0.4%~1% per person and it depends on how the albums were sold.

4. The members requested the changes of the inappropriate contract several times, but SM did not care.

In this situation, three members requested the changes of the inappropriate contract several times, but SM raised an issue about the beauty business that has nothing with this situation. Nevertheless, the three members wants to find a way that they could smooth over the problem so finally requested a conversation to SM, but SM did not answered it. Also, the attitude they showed us made them realized they cannot solve the problem with the conversation, and finally three members wants to use the legal way to solve this problem.

5. The beauty business investment is not related to the entertainment activities and also has nothing with this situation. The true essence of this situation would be inappropriate contract.

On the other hand, SM made a public announcement that members made provisional disposition because of the beauty business investment, but the beauty business investments nothing with this situation. The beauty business investment that SM made an issue is about the investment that three members invested to the beauty company entering to China, and it is a financial investment that has no relationship with entertainment activities. It does not make sense that `the members made provisional disposition that they might forgive everything they achieved as TVXQ because they invested almost 100 million dollars of money to the beauty company entering to China`. The true essence that the members wants to talk about of this situation would be inappropriate contract, and SM should stop trying to make an excuse immediately by telling about the beauty business investment that has nothing with this situation.

6. The members does not want to disorganize TVXQ and just try to get rid of inappropriate contract.

Lots of fans are worried about disorganization of TVXQ about this situation. however, making provisional disposition does not on the disorganization of TVXQ. Now, three members are participating the provisional disposition because of the difference of ideas about the way to solve the problem, but there is no problem between the members, and they are as same as the past that they want to keep promise they made with fans that they would be one forever together. If this situation change the inappropriate contract and they can do what they want as artists, everyone can be together as one in front of the fans.

7. We will think it as the chance to be more mature.

We are sorry that fans who care about TVXQ may be surprised a lot and be disappointed, but if you try to think as it would be a chance to be more mature for bigger dreams, and cheer us on, we will promise to compensate you as a more mature TVXQ.

쥬리아님께서 덧붙여주신 PS입니다
P.S. To help your understanding as to why the number 3 of this article absolutely does not make any sense, it must be noted that there has been not many artists whose albums has been sold over 500,000 copies for almost a decade. On average, only about 100,000 copies are sold per album in the Korean music industry.

틀린것, 수정할 부분 있으면 쪽지주세요 ㅠㅠㅠㅠ.....
비루한 실력이지만 조금이라도 보탬이 되길..

허락 안 받으시고 퍼트려 주셔도 되어요.!!

Quote From DNBN

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- SM Entertainment announced they are going to take legal actions against the three members Kim Junsu, Kim Jaejoong and Park Yoochun... (F*** OFF LSM...!!! )

Here's the website : http://www.fnnews.com/view?ra=Sent0301m_View&corp=fnnews&arcid=090803130242&cDateYear=2009&cDateMonth=08&cDateDay=03

- Even SM Entertainment stock dropped since yesterday...



Shared By: 캘리Kelly @ Facebook.com
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