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Then, why must they be criticized for their investments? Have three members of TVXQ ever refused to carry out SM and AVEXs schedule demands in the first half of 2009 after they invested in the cosmetics business? Why should the three be bashed for their participation in a sideline business any more than other celebrities who also juggle their entertainment activities and sideline business?
1. 625 meeting was a meeting to explain the truth to their fans about the rumors of Jaejoong, Yuchun, and Junsu.
Those who spread malicious rumors (HoTel fans) claimed that the purpose of 25 June 2009 meeting was to ask fans to spread rumors about other two members, Yunho and Changmin.
Let us be clear.
The purpose of the 625 meeting is to explain the truth about their sons and brother, who suffers from malicious rumors, and to resolve the misunderstandings about them. In addition, they wanted to explain the purpose and background of lawsuit properly:
1) To let the fans know that the contract between SME and three members are unfair because of the circumstance that the former is an absolute superior, while the latter, a subordinate, had to passively sign the contract presented by the former,
2) To reveal to the fans that the three had actively asked SM to improve their conditions throughout their activities in the hopes to grow into more mature artists, but SM only answered with silence and evasion and in addition forced TVXQ to follow SMs order without betterment of working conditions.
Again, the purpose of 625 meeting was to explain the truth about the rumors of Jaejoong, Yuchun, and Junsu, not to spread rumors about other two members, Yunho and Changmin.
Currently true and false information are mixed, so please judge wisely. We want a five-member TVXQ together and stay as one, It is not true that Junsu, Yuchun and Jaejoong are leaving SM because of the cosmetic business or just because of money, Investment for Cosmetic Company was preceded after SMEs permission, They requested fans to explain the three members stance because of rapid spreading rumors, It would affect the teenage fans during their exam term and the administrators would have difficulties dealing with it too if the threes lawsuit or explanation of rumors were announced on fan sites. How about using personal blogs or other ways?
None of conversations in 625 meeting include three members disrespecting the two other members in any way.
Just the day before, three members judicial representative sent SM a certification of contents on June 24 2009 that included the backgrounds and the purpose of the lawsuit, not that the three are withdrawing from TVXQ. HoTels arguments that the lawsuit against SM on the invalidity of contract means leaving TVXQ have a logical fallacy of regarding TVXQ as a product, just like SM does. Do not forget the patent application of TVXQs trademark rights by SME has been rejected several occasions due to the symbolic meaning of TVXQ. Five members of TVXQ are still TVXQ as a whole or in part, until five members say Im done with TVXQ.
Junsu, Yuchun, and Jaejoong, three members of TVXQ who we know, are not the type of people who will slanderer and push others around to stand out themselves. They never were and never will be. Five members of TVXQ, Junsu, Yuchun, Jaejoong, Yunho, and Changmin, who we have supported for the past seven years, won through the difficulties and were born again as artists from nothing, even though the management did not support them enough. We all know that they are brothers and family to one another, and maybe more.
2. SM needs to make reforms to be born again as a socially and ethically responsible entertainment company as required by the society.
SM Entertainment, founded in 1995 by Lee Su Man, is the first incorporated entertainment agency as well as the first entertainment company listed on KOSDAQ stock market in April 2000. Revenues earned from the huge success of H.O.T in 1996, one of the influential first generation idol stars in Korea that also caused sensation in China, Southeast Asia, have set the foundation for SM Entertainments IPO (Initial Public Offering).
However, as the poor treatment and terrible working conditions of H.O.T. compared to the revenues they were making for SME was made public by the press when H.O.T disbanded (Moon Hee Jun, and Kang Ta stayed with SME while JTL-Jang Woo Hyuk, Lee Jae Won and Tony- left), the awful working conditions of artists under management was revealed to be prevalent not only in SME, but in other Korean entertainment companies as well.
(Note: http://news.naver.com/main/read.nhn? mode = LSD & mid = sec & sid1 = 106 & oid = 038 & aid = 0000054226)
Even after that, SME has continually had conflicts with its artists, such as SES, Shinhwa, Fly To The Sky, The Grace (Chonsangjihi) with respect to their contracts.
(Reference: http://news.kukinews.com/article/view.asp?page=1&gCode=ent&arcid=0002456916&cp=nv)
In addition, Kim Ji Hoon (actor), No Min Woo (a former TRAX member), and Hankyung (a former Super Junior member) have sued SME for the unfair contract and prevailed.
SME have been ordered to correct its unfair contacts by the Korean Fair Trade Commission (KFTC) since 2002, right after the disbandment of H.O.T. and exposure of their contracts to the public. Unashamedly SM filed litigation for revocation of KFTCs corrective order in April, 2004. The Seoul High Court ruled against SME and confirmed that the excessive penalty for the breach of contract clause in SMEs contract is indeed unfair.
(Note: http://news.naver.com/main/read.nhn?
mode = LSD & mid = sec & sid1 = 106 & oid = 016 & aid = 0000131503)
According to the decision, the penalty for the breach of contract, which include the contract deposit, the total investment, and the expected damages for the remaining of contract duration, are 3-5 times higher than the industry average (usually 1~2 times of the loss amount) in plaintiffs exclusive contracts. Even if the original intention of the provision is for preventing free riding to the competing agency, this immense penalty for the breach of contract provision is excessive for it imposes too much restriction on individual freedom. Long before this lawsuit by JYJ, the term slave contract was coined because of such provisions that block artists from breaking contractual relationship as well as from claiming ones rights on his/her creative productions.
Even after its defeat in 2004, SME preserved this problematic clause in contracts without revision. In 2007, SME (CEO Kim Young-min) lost another unfair contract lawsuit filed by actor Kim Ji Hoon which revealed that SME still used the same slave contract. (Reference: http://www.newsen.com/news_view.php?uid=200709131535541001). At that time, the artist also called to question SMs lack of support for the artist as an exclusive agency. However, SME used the media to make Betrayal after fame excuse.
Anyway, SME already was aware that its contractual relationship with TVXQ is unfair since KFTCs corrective order was issued in 2002 and TVXQs official debut was December 2003. Therefore, there is no legal justification for SMEs imposition on TVXQ to fulfill the contract altogether.
SME was not willing or trying to improve the conditions of Junsu, Yuchun, and Jaejoongs entertainment activities so that TVXQ will be continued. If SME had known the importance of TVXQ as a 5-member group or was willing to maintain TVXQ regardless of the lawsuit, SME would have modified the contract before or even during the dispute or contemplate on other ways to continue TVXQs activities after the lawsuit even if the three are no longer under SMs management. Unfortunately, SM chose to adhere to its usual strategies like it had done to its former artists dissolving the group itself in five to seven year cycles, and/or proposing renewal with only some members of one idol group.
(Note: http://news.kukinews.com/article/view.asp?page=1&gCode=ent&arcid=0002456916&cp=nv, http://www.asiatoday.co.kr/news/view.asp?seq=273846, http://www.mydaily.co.kr/news/read.html?newsid=200803270132291117&ext=na)
In spite of this, SME repeatedly claimed that we are trying to negotiate but three members will not comply to our request, during hearings of the civil trial, and even attempted to intimidate the members in feigned suggestion of conciliation saying only verbally that We will negotiate, and Come back first then we will revise the contract, while it made no efforts to correct the fundamental problem. On November 2, 2009, SME called for a press conference, where it criticized three members lawsuit against SM as a hoax against the general public, and demonstrated its will to expel the three members from the Korean entertainment industry using Yunho, Changmin, and their parents.
(Note: http://news.sbs.co.kr/section_news/news_read.jsp?news_id=N1000665709)
And those who spread malicious rumors in pace with SME and continuously call the three members traitors disloyal to other TVXQ members as well as SME, as if the three members assertions of their rights against SM is same as showing hostility against the two members who stayed with SM.
Assume that youre the one whose freedom was restricted, activities were blocked, and names and images were defamed.
This is an issue of trust before loyalty. Can you go back to the company you no longer trust no matter what they promise?
SME claims that it treated TVXQ as the best in the business. But, it is a known fact that its contractual conditions are worst in the industry.
Since 2002, SME repeatedly have received warnings and corrective orders for its contracts from KFTC. Finally, on 23 December 2010, SME promotes that it has reformed, that it voluntarily corrected the following clauses of the contracts: 1) the exclusive contract duration with its artists and trainees, 2) the standard of penalty estimation for breach and 3) unilateral decisions on schedules of artists. However, the correction is too superficial that it is impossible to monitor its implementations properly. Still, this action is significant because SMEs correction abiding the KFTC order shows that SME conceded to the fact that 13-year contract duration of TVXQ is indeed unfair.
(Note: http://www.mydaily.co.kr/news/read.html?newsid=201012231418511118&ext=n)
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[Walking Along With JYJ] STEP#149 Ready For Love{แตกประเด็นจาก A10283344}
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