[Re-post] Seoul Central District Court dismisses both of SME’s injunctions against JYJ

Seoul Central District Court dismisses both of SME’s injunctions against JYJ

by VITALSIGN on February 17, 2011

On February 17th, the Seoul Central District Court dismissed both lawsuits filed by SM Entertainment against JYJ.

To recap, SM Entertainment filed an objection on October 27th, 2009, claiming that the Seoul Central District Court’s order to prevent them from interfering with JYJ’s individual activities was illegal.

The court rejected SM’s injunction objection application by stating, “The exclusive contract between SM and JYJ forces the celebrity to become subordinate to the agency without any discretion.  JYJ has no option but to follow SM’s actions due to the subordinate rank they are forced under in the power of SM.  A long-term subordinate contract cannot be justified by the risks the agency took in investments, as well as international advancements.”

They continued,  “Aside from the long-term contract terms, SM’s ability to supervise and direct every move made by JYJ, as well as the clause claiming that JYJ must repay for losses only emphasizes the subordinate positions of JYJ in the contract, so the injunction is invalid.”

Regarding the second injunction filed by SM Entertainment, asking the court to suspend JYJ’s contract with CJES Entertainment, the court replied by saying that the injunction is invalid since SM Entertainment was ordered on October 27th, 2009 that they were to not interfere with JYJ’s individual activities, and their injunction was in breach of that order.

Baek Chang Ju, CEO of CJES Entertainment, commented, “We consider it a victory of truth and hope that their activities are no longer hindered by forced accusations of double contracts.  We will be working hard to show only the best side of JYJ to the public. I would like to thank the JYJ members and the staff for consistently battling a tiring fight against Goliath.”

In conclusion, the exclusive contract between SM and JYJ is invalid, and JYJ’s individual activities are legal.

[UPDATE]

Representatives of SM Entertainment stated in the aftermath of the ruling, “The legal battle between SM and JYJ is not yet over. This court decision is merely on the injunctions, this does not mean that the exclusive contract between SM and JYJ is invalid. The original lawsuit is still ongoing, and the date of pleading will be sometime mid-March. Through the original lawsuit, the truth will be investigated, and we will be working to make sure that their contracts are still valid.”

Source: Newsen, E Daily, World Journal, Sports Chosun via Daum

Article translated and taken from Allkpop

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[NEWS] Courts Dismiss All SM Injunctions & “Legally Guarantee JYJ’s Independent Activities”

The Seoul District Courts has dismissed all formal objections against JYJ’s injunction as well as the exclusive contract suspension injunction filed by SM Entertainment against JYJ’s Kim Jaejoong, Kim Junsu and Park Yoochun.
On the 17th, the Courts made it known that they have dismissed all claims filed by SM Entertainment, which is the agency’s formal objection against JYJ’s injunction as well as its exclusive contract suspension injunction.

This means that the Courts have emphasized their decision that the contract signed between the members of JYJ and SM is invalid and that the members’ independent activities are guaranteed. They have also publicized that SM Entertainment cannot interfere with JYJ’s activities in the entertainment activities on the claim that their contract with the agency is still valid.

The Courts laid down the verdict that SM Entertainment’s formal objection is invalid on the premise that

▲the exclusive contract in question can be categorized as a submissive contract as it does not give the celebrity the freedom of choice and instead forces him to follow the orders of the entertainment agency,

▲the members of JYJ could do nothing but follow SM’s orders as they were placed in an inadequate position compared to SM in terms of bargaining power,

the exclusive contract’s extreme long-term subordinate nature cannot be justified by pretexts including the decrease of investment risks and ensuring a stable entrance into foreign markets,

▲other than the long-term nature of this exclusive contract, clauses including that which gives SM Entertainment direct superintendency over JYJ’s every move as well as that which calls for excessive compensation for a breach of contract strengthen the submissive nature of this contract and place the members of JYJ in an unilaterally disadvantageous position.

Regarding the injunction filed by SM to suspend the exclusive contract signed between the members of JYJ and C-JeS Entertainment, the Courts dismissed the injunction on the grounds that,

as long as the verdict made on October, 2009, which includes the decision that SM must not interfere with JYJ’s independent activities in the entertainment industry, is valid, SM’s request to suspend the validity of the business commission contract signed between the members of JYJ and C-JeS Entertainment is not allowed as it goes completely against the previously stated verdict,

▲and stressed that SM cannot exert the direct superintendency, given to them by their exclusive contract, over JYJ’s activities in the entertainment industry as of now.

Source: [osen+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

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50 thoughts on “[Re-post] Seoul Central District Court dismisses both of SME’s injunctions against JYJ

  1. you should also get the one translated by tohosomnia! has another full translation ^^

    YES FINALLY! jyjwin!! the battle has won, but is the war over? what’s left on march then?

    • This is only the injunction. The lawsuit is mid March. Not yet over…….But still, JYJ won this round……Finally some good news after all! ^^

  2. heck yeah!!! I know this day will come. I’m so freaking happy that I don’t even know how to release it! \(^0^)/ Can’t wait for this darn lawsuit to be officially over, and our boys can be back to the Korean entertainment industry without any cock-blocking. I so demand their appearances on some TV shows and music programs! XD SME, back off, and those broadcasting companies, you have to reason to reject JYJ now!

  3. Admin!!!! is this true!!!! i thought the final ruling is on march or sumthing~~~~ this better not be a trolling ADMIN!!!!! i only believe you words…..

  4. Then, what is that supposed to mean? From my point of view the court shown their general side by this announcement. It is not just only about the last injuctions made by SM but also about the contract terms and compensation… Even though SM denies, I think they lose… Do they really have the chance to win after this stance?

    • If it gets proper news coverage, it will be more than a small victory. People have forgotten why the contract was suspended in the first place and may have become confused at what JYJ was doing vs. SME claims. This helps clear up many of the issues that we have been trying to counteract for the past few months.

      • So right! SM stocks already fell down. That’s a pretty objective gauge of “public opinion” right there 😀

  5. Congratulation to JYJ , the exclusive contract btw SM & JYJ is invalid, individual activities are legal !!! We hopefully can see more their performance in TV program and hear their music on Radio program , and we can see them get their Awards in recently future !!! I hope our boys can walk their own road more smooth from now on , we will keep on support JYJ until …… forever !!!!!!!!!!! V@_<V

  6. So so happy that the courts finally rebuked SM for violating the injunction by interfering w/ JYJ’s album release & filing of another injunction against their hiring of C-JES.

    If I remember correctly, doesn’t SM have to pay JYJ a financial penalty each time they interfere? Muahahahahaha, I want to personally witness that!!! (even though they’ll prob just transfer the money electronically or send a check …)

  7. I reallllyyyy cried when I read this news !!!!!!!!!!!!!! So thank God, The judge is soooooo awesome ❤ ❤ ❤ ❤

    So now that the court has officially made their stand, I would like what kind of reasons those broadcast stations would make when they don't let JYJ appear on tv !!!!!!!!!

    AND YES, ALL THOSE COMPANIES WHO WANT YOUR PRODUCTS TO BE SOLD IN A RECORD TIME, SIGN WITH JYJ !!!!!!!!!! THEY ARE FREE !!!!!!!

    from what I understand, now, only the money issue is left right. The one we will have on march 15 th?

  8. The main lawsuit is still ongoing, but winning the injunctions aren’t nothing. SME cannot legally interfere anymore with JYJ’s activities now. For instance, if JYJ releases another album in South Korea (like “The Beginning”) SME cannot stop them anymore from doing so.

    The ban in variety and entertainment shows would still continue, but at least KFPCAI/KEPA wouldn’t be able to use the “double contracts” issue anymore, though they can claim that there is still a lawsuit. I guess what I’m trying to say is, winning the injunction would at least shut those people who claims that JYJ was stupid to sign to another management company while they’re still with SME. Since the Court basically said that JYJ’s exclusive contract with SME is unjustifiable and SME cannot anymore interfere with JYJ’s individual (which apparently also includes their group) activities.

    Sorry for the long useless comment, but I’m just really happy that three of the lawsuits have now been resolved in their favor.

  9. Wow! Great news!!! Someone commented above that this ruling is indicative of the court’s general position>>> I agree!

    And by the looks of it SMEnt will not be happy by mid-March 🙂 Unless of course they find another reason to postpone. But at least, this here is legit. I bet a lot of people will finally realize what’s going on and be on JYJ’s side after this breaks out. So excited for March to roll in!

  10. Oh hey let me just add. This:

    “Aside from the long-term contract terms, SM’s ability to supervise and direct every move made by JYJ, as well as the clause claiming that JYJ must repay for losses only emphasizes the subordinate positions of JYJ in the contract, so the injunction is invalid.”

    Just proved that SM is RESPONSIBLE for its own undoing. Its greediness and need for control became the main reasons why the contracts were deemed invalid HAH!

    • @Jan

      “Just proved that SM is RESPONSIBLE for its own undoing. Its greediness and need for control became the main reasons why the contracts were deemed invalid HAH!”

      I am so totally in agreement with you! There’s a saying… “If you find yourself in a hole, quit digging!” What part of this didn’t they get?

      I’m not a tennis buff, but… GAME…SET…Now waiting for MATCH!!

      • Hahaha! Yeah, but it seems like they are too stubborn and too st*pid to see they are already INSIDE the hole? 😀 You know this reminds me of that analogy they used in Sophie’s World 😀

  11. “SM must not interfere with JYJ’s independent activities in the entertainment industry”
    actually im confuse this; “independent / individual” activities;
    is it different for them to active as JYJ(group)?

    sorry.bad english.hope someone could explain me this.tq. 🙂

    • Individual activities are solo activities (eg “Tears of Heaven”, SKKS, Intermodulation). Independent activities are activities arranged outside of SME.

      SME can’t interfere with anything that JYJ doesn’t directly ask them to manage.

      • how abt their activities as JYJ group?is it mean they could do ‘the group’ activities again(like produce new album/make more concert)
        coz last time i’ve encounter with a hater…they keep on pressing on this one..the solo activities are different with the group one..and im confuse o.o;;

      • The hater is wrong. There is no difference between the three of them working as a group or working as a duo or working solo — they are all activities independent from SME’s contract and the court has giving them the right to do them.

  12. No more KFC Chicken cockblocking attempts, YAY!!!!!!!!!!!!!!!!
    If JYJ still CANNOT do guestings on TV stations & their songs CANNOT be played on the radio, SME will definitely burn! I will commit arson! LOL

    I just love OUR FAMILY!!! OUR JYJ FAMILY!!!!!!!!!!!!!! *throws confetti*

  13. SO HAPPY SO HAPPY SOOOOO DAMN HAPPPY!!!!!!!!!!!!!!!!
    they won this round OMG my day went from s****y to OMFG AMAZING!!
    their chances of winning this annoying lawsuit just got better now those TV broadcasting stations have NOOOOO reason NOT to put JYJ on them, so no more delays either!
    PARTY TIME!!!

  14. I am absolutely ecstatic to read of this summary dismissal of both of SM’s greedy, arrogant and preposterous injunctions. The entire world is standing behind JYJ. We make this demand of SM: ” Leave these talented artists ALONE! You will never win in attempting any further suppression of their activities; it only makes you look even more desperate and sinister in the eyes of the public.”

  15. Pingback: DOTS21-Seoul Central District Court dismisses both of SME’s injunctions against JYJ | JYJ DOTS International

  16. i absolutely agree with that decision,, JYJ has a right to do their activity with no interference from other. SM should stop acting like the only one who posseses tvxq anymore. Now tvxq is not the same againt. Everything changes..

    i wish for cassie all over the world not to be frontal, it does not help anything, when finally tvxq separate into 2 sides, just accept it,, time will heal our pain,,,

    • All the more reason for us to stand united against SM and its cronies’ illegal, unethical actions =) Let’s help make absolutely sure JYJ wins the remaining lawsuit as well!!!

  17. ¡Great news indeed! Justice is showing its face to JYJ’s boys. I’m really happy for them. I’m sure it’ll show its face again on march 15. JYJ: ¡Keep fighting; KEEP YOUR HEAD UP; keep your faith; you’ll win!

  18. Awesome news..Happy for my boys….Back to the reality…what if all the Korea major broadcasts still choose sides due to hidden power of SM? How about their Japan plan??…What’s next step?More lawsuits??

  19. 韩国法院的部分判决已经判处SM停止遏制JYJ的发展,并且不得干扰JYJ上电视节目,但现实是SM仍然在运用庞大的背后势力影响着各大电视台PD们的决定,KBS\SBS\MBC等等韩国的主流电视台都见不到JYJ的身影!
    韩国法院应在判决生效的基础上,增加实际监管力度,确实保障JYJ的权益,对于SM的卑鄙手段法院应采取必要的法律措施,对判决的实施进行有效的督促管理,让判决真正生效。
    对于JYJ来说这绝不是一条好走的路,他们大概已经做好了持久战的准备。偶像的期限很短,东方神起5年攀上顶峰那么未来势必要走下坡,现在浩珉的路也绝不会好走,这么看来JYJ的选择可以说是考虑了很多才做出的,不是一时头脑发热。而JYJ未来所要寻求的应该是跨越偶像走向通向实力派的道路,通过像《成均馆绯闻》这种体现演技的剧集或是其他表现,来脱离偶像迈入实力派的行列,让演艺事业更上一层楼且更加持久!祝JYJ顺利!

  20. Pingback: DOTS21-A Corte Central de Seul desconsidera as duas ações da SM contra JYJ | JYJ DOTS International

  21. Pingback: DOTS21-Mahkamah Pusat Daerah Seoul (Seoul Central District Court) menggugurkan perintah (injunksi) SME menentang JYJ | JYJ DOTS International

  22. Pingback: DOTS21-La corte del distretto centrale di Seoul respinge entrambe le ingiunzioni fatte da SM contro i JYJ | JYJ DOTS International

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