KEEP THE FAITH !
I just want to collect some news regarding ChunJaeSu case.
Nothing that I can do.. Only give my support to them.
TVXQ KEEP THE FAITH !!!
Taken from: The KOREA TIMES
TVXQ to Stick Together Despite Legal Dispute
By Han Sang-hee
Staff Reporter
Three members of the pop group TVXQ ― Micky, Xiah and Hero ― said Monday that their recent legal action against their agency did not signal the disbanding of the group and they, along with members Max and U-Know, will keep their promise to fans to stick together.
In a legal document released through the law firm Kim & Shin, the three stated that their 13 year exclusive contract with SM Entertainment was no different from a binding lifelong contract. They also said that they were not treated fairly by the agency in terms of profit distribution.
The press release explained that they have been carrying out a vigorous schedule ever since their debut in 2004, flying between Japan, China and Korea with only three to four hours to sleep everyday.
``(They) have had health problems and finally reached their physical limits, but SM Entertainment continued to send them abroad and plan excessive activities. Thus, the three members have started to hope they will be able to continue their careers as they wish, instead of being used as tools for the agency's profits,'' the statement read.
It also said that the provisional disposition had nothing to do with the members' private business endeavors in the makeup industry, and was focused on the unfair contract.
``The contract period spans 13 years, and including military services, this can add up to almost 15 years. This is basically until we retire from the entertainment business. The contract also states that if we cancel the contract, even under agreement, we will have to pay several trillion won in penalties,'' the statement said.
The members were given 0.4 to 1 percent of total album sales following a revision of the contract in February. The initial contract stated that the members would be awarded 10 million won each if the previous album sold more than 500,000. If the albums were sold fewer than 500,000, the members would not receive anything.
The statement added that the three members tried to communicate with SM Entertainment, but the agency continually brought up the issue of their makeup business and avoided further settlements.
``SM Entertainment's attitude made them realize there was no hope in solving the situation through communication, and the members finally decided to take legal action to further settle the case.''
The members concluded the statement with a comment to their fans, saying that they ``were sorry for surprising and disappointing their fans.''
Micky, Xiah and Hero stirred fans and the industry by submitting the application for provisional disposition to terminate the validity of their contract to the Seoul Central District Court Friday.
SM Entertainment did not release a follow-up statement, but said that the band would continue performing and that it believed their career would continue.
[news] "The DBSK Situation, the truth and distortion." (an insider report)
Original article: Here
Article Credits: Song Eun Ju, Na Ji Yeon @ Sports Seoul
Translation Credits: j.adore @ soompi.com
The future of idol group DBSK is uncertain. DBSK's 3 members (Micky YooChun, Xiah Junsu, Youngwoong Jaejoong) and SM's trouble is too deep. Although they state that there will be no disbandment, in reality, disbandment is more than likely. Even if they avoid the worst case scenario, disbandment, it feels like their departure of SM is set.
On the third, a acquaintance of the 3 members said, "settlement with SM has been tried multiple times. But their differences couldn't be settled. The reason this went to court is because they couldn't find a point to settle." Thus, they concluded that more attempts for negotiations was useless.
The acquaintance that the reporter met is someone who has watched over DBSK very closely. He has experienced all ups and downs since debut until now. According to him, DBSK advocated for only one thing. They wanted conditions of the contract to be eased. However, it has gotten to a point where the conversations between the two parties have gone nowhere.
He stated, "they asked for the contract term and earnings distribution to be revised because everyone could tell it was irrational. They attempted to negotiate until the end but they felt that SM was avoiding them. Therefore, things got emotional for both parties and the 3 members are even more angry with SM's response."
"The truth about the 3 things that SM distorted."
After the initial reports about this incident, SM sent documents on the 1st and the 3rd. On the first, they reported that this problem was due to the makeup company investment and they will work it out. After the contract conditions were reported, they responded that members were paid 11 billion Won and were given foreign cars as presents.
In response to this, he stated, "the nature of this instance is the unfair contract, not the make up company. However, SM has not mentioned the contract conditions and have continued to use make up company issues to play with the media."
Additionally, he discussed about the 11 billion Won. He said, "let's say SM is right and that they were paid 11 billion won for the 6 years of work. This is the pre-tax profit. After taxes were paid, and this amount is divided by 6 years, and 5 members, this is less than 200 million won per member. For the first half of this year, the profits from album sales in Japan is 2.5 billion Yen (33 billion won). However, DBSK doesn't even receive 200 million won per year."
The total number of albums released in and outside of Korea is 48. Out of these, including singles and full albums, 1.96 million copies were sold in Korea. In Japan for 4 full albums and 27 singles, 8 of those sold over 100,000 copies, and one sold over 250,000 copies. Including south-east Asia, at least 4 million albums were sold.
He also criticized abnormal methods of calculating methods. According to him, "SM requested money for back dancers and food. Basically, almost all of the expenses were paid for by DBSK." He added, "besides this, SM created a local subsidiary and divided the earnings of DBSK into pieces. For example, SM Japan and Avex divided earnings, and this was also divided with Korean SM. With complex divisions, the money for the members were reduced.
Also, he stated that the foreign cars were given to them under the company's name. "They received cars from SM after an award ceremony. However, the cars were registered in SM's name and is not owned by DBSK."
"The three members are as tired as they can get."
According to this acquaintance, the three members of DBSK are tired of SM's play with the press. They have no intention to solve this with mere words, and are extremely upset that SM is exaggerating only one side of the story, distorting the truth. He said, "they expected SM to twist words with the press but didn't realize it would be to this extent. If SM continues this method, I think it would be nearly impossible to work together with SM again. I suspect that they will part with SM and try to find a different solution to settle this.
Their departure from SM does not mean the disbandment of DBSK. He asserts that there is no problems in relationships between all the members. They are still like family and agree that in any situations, they must work together. He said, "Truthfully, all five had the same intentions. But in the process of negotiations, there was differences between the members. That is why only 3 members decided to fight with their company. They all agree that the contract conditions are irrational, it is just that their way of handling it is different."
"DBSK will continue even after departure with SM"
Micky YooChun, Xiah Junsu, Youngwoong Jaejoong's will is stronger than ever. The acquittance reported that, "the 3 members are showing stronger wills than before debut. The three members are determined to stick together no matter what hardships come their way."
They are also determined to get back together as 5 members under the name DBSK. He revealed, "even if the 3 members leave SM through lawsuit, this only means departure from SM. This does NOT mean the disbandment of DBSK. It may be after the 2 remaining members leave, or if they perform from 2 different companies; the 5 want to continue with DBSK."
Well then, if 3 members leave SM, would they still be able to use the name 'DBSK.' Upon researching in the Industrial Property Office, the group name 'DBSK' is not registered. SM registered for DBSK trademark in 2004 but was denied. In other words, SM does NOT have the right to the name 'DBSK.'
According to a 'Mansung' Patent Law Firm Office, the patent attorney Hwang Sung Pil said, "Dong Bang means East and one cannot assert exclusive right to use it. Most likely, this was probably the reason why the application was denied 2004. SM cannot assert any trademark rights to the name. If the 5 members are together even away from SM, they will have no problems using the name."
More than anything, DBSK feels extremely sorry to their fans. This is why they want to go through with performances that were already scheduled. The acquaintance reported, "if they lose the lawsuit, they may have to pay an extreme amount of money for penalty. More than that, they are going through hard times thinking that they will have to be away from their fans while the lawsuit is in process."
thx to blurmeese
Nothing that I can do.. Only give my support to them.
TVXQ KEEP THE FAITH !!!
Taken from: The KOREA TIMES
TVXQ to Stick Together Despite Legal Dispute
By Han Sang-hee
Staff Reporter
Three members of the pop group TVXQ ― Micky, Xiah and Hero ― said Monday that their recent legal action against their agency did not signal the disbanding of the group and they, along with members Max and U-Know, will keep their promise to fans to stick together.
In a legal document released through the law firm Kim & Shin, the three stated that their 13 year exclusive contract with SM Entertainment was no different from a binding lifelong contract. They also said that they were not treated fairly by the agency in terms of profit distribution.
The press release explained that they have been carrying out a vigorous schedule ever since their debut in 2004, flying between Japan, China and Korea with only three to four hours to sleep everyday.
``(They) have had health problems and finally reached their physical limits, but SM Entertainment continued to send them abroad and plan excessive activities. Thus, the three members have started to hope they will be able to continue their careers as they wish, instead of being used as tools for the agency's profits,'' the statement read.
It also said that the provisional disposition had nothing to do with the members' private business endeavors in the makeup industry, and was focused on the unfair contract.
``The contract period spans 13 years, and including military services, this can add up to almost 15 years. This is basically until we retire from the entertainment business. The contract also states that if we cancel the contract, even under agreement, we will have to pay several trillion won in penalties,'' the statement said.
The members were given 0.4 to 1 percent of total album sales following a revision of the contract in February. The initial contract stated that the members would be awarded 10 million won each if the previous album sold more than 500,000. If the albums were sold fewer than 500,000, the members would not receive anything.
The statement added that the three members tried to communicate with SM Entertainment, but the agency continually brought up the issue of their makeup business and avoided further settlements.
``SM Entertainment's attitude made them realize there was no hope in solving the situation through communication, and the members finally decided to take legal action to further settle the case.''
The members concluded the statement with a comment to their fans, saying that they ``were sorry for surprising and disappointing their fans.''
Micky, Xiah and Hero stirred fans and the industry by submitting the application for provisional disposition to terminate the validity of their contract to the Seoul Central District Court Friday.
SM Entertainment did not release a follow-up statement, but said that the band would continue performing and that it believed their career would continue.
[news] "The DBSK Situation, the truth and distortion." (an insider report)
Original article: Here
Article Credits: Song Eun Ju, Na Ji Yeon @ Sports Seoul
Translation Credits: j.adore @ soompi.com
The future of idol group DBSK is uncertain. DBSK's 3 members (Micky YooChun, Xiah Junsu, Youngwoong Jaejoong) and SM's trouble is too deep. Although they state that there will be no disbandment, in reality, disbandment is more than likely. Even if they avoid the worst case scenario, disbandment, it feels like their departure of SM is set.
On the third, a acquaintance of the 3 members said, "settlement with SM has been tried multiple times. But their differences couldn't be settled. The reason this went to court is because they couldn't find a point to settle." Thus, they concluded that more attempts for negotiations was useless.
The acquaintance that the reporter met is someone who has watched over DBSK very closely. He has experienced all ups and downs since debut until now. According to him, DBSK advocated for only one thing. They wanted conditions of the contract to be eased. However, it has gotten to a point where the conversations between the two parties have gone nowhere.
He stated, "they asked for the contract term and earnings distribution to be revised because everyone could tell it was irrational. They attempted to negotiate until the end but they felt that SM was avoiding them. Therefore, things got emotional for both parties and the 3 members are even more angry with SM's response."
"The truth about the 3 things that SM distorted."
After the initial reports about this incident, SM sent documents on the 1st and the 3rd. On the first, they reported that this problem was due to the makeup company investment and they will work it out. After the contract conditions were reported, they responded that members were paid 11 billion Won and were given foreign cars as presents.
In response to this, he stated, "the nature of this instance is the unfair contract, not the make up company. However, SM has not mentioned the contract conditions and have continued to use make up company issues to play with the media."
Additionally, he discussed about the 11 billion Won. He said, "let's say SM is right and that they were paid 11 billion won for the 6 years of work. This is the pre-tax profit. After taxes were paid, and this amount is divided by 6 years, and 5 members, this is less than 200 million won per member. For the first half of this year, the profits from album sales in Japan is 2.5 billion Yen (33 billion won). However, DBSK doesn't even receive 200 million won per year."
The total number of albums released in and outside of Korea is 48. Out of these, including singles and full albums, 1.96 million copies were sold in Korea. In Japan for 4 full albums and 27 singles, 8 of those sold over 100,000 copies, and one sold over 250,000 copies. Including south-east Asia, at least 4 million albums were sold.
He also criticized abnormal methods of calculating methods. According to him, "SM requested money for back dancers and food. Basically, almost all of the expenses were paid for by DBSK." He added, "besides this, SM created a local subsidiary and divided the earnings of DBSK into pieces. For example, SM Japan and Avex divided earnings, and this was also divided with Korean SM. With complex divisions, the money for the members were reduced.
Also, he stated that the foreign cars were given to them under the company's name. "They received cars from SM after an award ceremony. However, the cars were registered in SM's name and is not owned by DBSK."
"The three members are as tired as they can get."
According to this acquaintance, the three members of DBSK are tired of SM's play with the press. They have no intention to solve this with mere words, and are extremely upset that SM is exaggerating only one side of the story, distorting the truth. He said, "they expected SM to twist words with the press but didn't realize it would be to this extent. If SM continues this method, I think it would be nearly impossible to work together with SM again. I suspect that they will part with SM and try to find a different solution to settle this.
Their departure from SM does not mean the disbandment of DBSK. He asserts that there is no problems in relationships between all the members. They are still like family and agree that in any situations, they must work together. He said, "Truthfully, all five had the same intentions. But in the process of negotiations, there was differences between the members. That is why only 3 members decided to fight with their company. They all agree that the contract conditions are irrational, it is just that their way of handling it is different."
"DBSK will continue even after departure with SM"
Micky YooChun, Xiah Junsu, Youngwoong Jaejoong's will is stronger than ever. The acquittance reported that, "the 3 members are showing stronger wills than before debut. The three members are determined to stick together no matter what hardships come their way."
They are also determined to get back together as 5 members under the name DBSK. He revealed, "even if the 3 members leave SM through lawsuit, this only means departure from SM. This does NOT mean the disbandment of DBSK. It may be after the 2 remaining members leave, or if they perform from 2 different companies; the 5 want to continue with DBSK."
Well then, if 3 members leave SM, would they still be able to use the name 'DBSK.' Upon researching in the Industrial Property Office, the group name 'DBSK' is not registered. SM registered for DBSK trademark in 2004 but was denied. In other words, SM does NOT have the right to the name 'DBSK.'
According to a 'Mansung' Patent Law Firm Office, the patent attorney Hwang Sung Pil said, "Dong Bang means East and one cannot assert exclusive right to use it. Most likely, this was probably the reason why the application was denied 2004. SM cannot assert any trademark rights to the name. If the 5 members are together even away from SM, they will have no problems using the name."
More than anything, DBSK feels extremely sorry to their fans. This is why they want to go through with performances that were already scheduled. The acquaintance reported, "if they lose the lawsuit, they may have to pay an extreme amount of money for penalty. More than that, they are going through hard times thinking that they will have to be away from their fans while the lawsuit is in process."
thx to blurmeese