Seoul District Court Decision on SM’s Objection to Judgment on Injunctive Relief

In the summer of 2009, JYJ petitioned the court for an injunction that would suspend the effects of the JYJ-SM contract. On 10.27.2009, the court held for JYJ and granted their injunction.

At this defeat, SM promptly filed an objection to the injunction. This objection was summarily and fully dismissed a few days ago– 2.15.2011. The contract is unfair and is invalid. SM is commanded to cease interfering with JYJ’s independent entertainment activities.

The below is the full and complete translation of the court’s decision to dismiss all of SM’s claims. It is worth reading in its entirely. SM’s attorneys apparently had great difficulties in coming up with arguments (the quality is actually quite appalling) and it shows– the court summarily dismisses every single one of them as “without merit.” An analysis that breaks down the complexity of this document will soon follow.

The term “Creditors” refers to JYJ. The terms “Debtor” and “Debtor company” refer to SM.

Source: DNBN

Intro and translation by Inklette of DNBN

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19 thoughts on “Seoul District Court Decision on SM’s Objection to Judgment on Injunctive Relief

    • JYJ’s side!

      Basically:

      1. The contracts are a violation of JYJ’s person rights and freedoms because they extend beyond the scope of “entertainment activities” (i.e. the business relationship) and infringe on their personal activities. The court also noted that there is no provision in the contract that allows for proper rest, and basically stated that the terms of the contract allows SM to manage JYJ’s lives in a way that violates various civil codes (laws) to protect workers.

      2. The court also chastised SM for burdening the successful acts with compensating for the unsuccessful ones, and stated that the company must find other ways and change its business practices to minimize its own risks, which I personally found delicious. 🙂

      3. When JYJ entered the contracts, they had no alternative if they wanted to become entertainers. Even though the contracts were amended a few times in the years after their debut, despite JYJ’s popularity, it still did not give them any power to negotiate as equals, and the court explains why it found this to be so with examples of how they were still subjugate (beholden to) to SM. The court also mentioned the termination penalty (JYJ would have to pay three times the investment cost, etc.) and that it was excessive and left JYJ at an unfair disadvantage.

      4. SM also argued that JYJ never sought to protest or raise objections earlier, that after 5 years, it was too late. The court said it wasn’t too late, and that again, JYJ were always at a disadvantage, had no practical experience in the matter, and filed for relief when they became aware of their options.

      There’s a bit more – the judges were VERY thorough in their decision! – but that’s the gist of it. 🙂

  1. So…..its means JYJ are free to conduct any activities in Seoul without being cut by SM ? Please spare me the details….
    Realy appreciated !
    JYJ figthing….

  2. I was JUST reading this over at DNBN and wondering when it would get posted here!

    This decision is huge! I can’t even begin to articulate my feelings because I’m still letting it all sink in. Huge! What really struck me was the court basically chastising SM (and other entertainment agencies) for the structure of how it does business – i.e. the burden it adds to the successful acts to compensate for the unsuccessful ones – and tells the companies that they are the ones who must change their practices.

    By the way, there’s more to section 3 after what you have posted above, and there are two more sections to this decision – 4 and 5 – though 5 is just “in conclusion, we affirm the the current judgment for injunctive relief and the order stands.”

    I’m going to go bask in the glory of the judges’ words here because they are everything we could have hoped for, and will absolutely be applicable to the rest of the case still pending in a very positive way. Did I mention this decision is huge? \o/ \o/

    A gazillion thanks to inklette at DNBN for the translation! She’s a rock star!

    • hahaha! And in the time it took me to type that, you added the rest of the translation, so disregard that bit of my comment! 😛

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  4. GAME…SET…next decision…MATCH.

    I won’t pretend to be a legal beagle. I purposely did not go to law school for a couple of reasons, won’t bore you with what they were. However, even I can read between the lines on this one. The pronouncements of the judges are so tight, I don’t see any wiggle room for SME and it’s attorneys.

    Thanks JYJFiles for posting the entire decision.

    Let the haters, hate. Let the developmentally arrested, continue to be developmentally arrested. Won’t change a thing. JYJ are going to ultimately win this lawsuit. Their courage shall not go unrewarded.

    PEACE

  5. It is a little early to say so, but after this interim ruling, I would like to thank theJYJfiles for your support of JYJ. I think nobody else could have done what you have done, in clarifying the issues legally and updating the international fandom on the truth. In addition, I am surmising that the international petition was a major influence on the court making this decision in February rather than waiting until March. Please keep it up all the way to the end and beyond.

  6. First, WOAH~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    Half of me wants to study law and half of me says, “Too much head ache~ XDDDD”
    But overall, I read this at work, (yes the whole thing!!!) I came to the conclusion that things are leaning more towards JYJ’s side at the moment, and will keep on going that route since most of the points raised here by CJES’s lawyers as valid are what SME has been claiming to be otherwise since the beginning of this whole fiasco.
    It’s funny… I mean how SME’s arguments seemed so lame after they were shot down with the Court’s reasoning! I was laughing while I was taking calls… XDDD (I work at a call center… lol)

    I hope that “that blog writer” can take a step back and see things in a larger perspective with the way things are going now… but then doubt that since he now targetted CJS/JYJ’s fans convo on blogs allegedly “scheming and bad-mouthing” the other two. *sigh*
    Those people are hopeless… It’s as if they cannot have any ability at all to distinguish what’s true and not even if the actual truth is staring them in the face…

    So, I shall stay here… with my JYJ family cuz we know what is right and we fight for it!

    • @Sammie

      That other ‘blog writer’, falls in the category of stuck on stupid. Yes, he has a plan, but it ain’t working, because as you say, “the JYJ family knows what is right, and we fight for it!”

  7. Wow. This is definitely worth reading in its entirety. The court’s reasoning proves that there is more backing up JYJ’s side than just our fannish emotions and hopes — there are laws. I think my new favorite phrase is “without merit.” ^__^

  8. I feel very happy for Jaejoong, Yoochun and Junsu. Court decissions must be respected. Justice is being done. The eternal fight between good (JYJ) and evil (SM) is being won by the good, as it should be. As I said before, SM’s lies and cheats are being exposed consequently to us all. And the present decision certainly favors JYJ in the future court decisions. Although I’m not a lawyer (I’m a microbiologist), I read the whole article. Very interesting and coherent. Thanks to Inklette for her translation, to DNBN, and to the JYJ Files staff. Excellent job, as always.

  9. this is the first time i comment ^^. i want to say this: i really really want to say thanks to jyjfiles girls, the staff, admin, translators, writters. You guys are the best. you have done so much for the boys ^^. even if there are some people dont appriciate jyjfiles or dont understand what you girls doing, but when all of this lawsuit over, we can proudly say that we have been fighting together with the boys ^^. thank you once again.

  10. As history can tell us, dictators will crumble down, be it 1year, 10 years or more. No matter how, justice will prevail and i salute JYJ for being brave enough to stand for their right! Thank you JYJ File for updating us with the latest news and i always be here for more info

  11. So the court has shot down most rumours: Crebeau, Subjugating contract (slave contract, someboby kindly let Siwon know that, thank you), rotating members (from SM witness), so what other rumours have not been addressed?

    I think the upcoming court ruling is not to be opposite of what has been ruled twice, backing up with what the Supreme Court has ruled..

  12. Pingback: [Trans] คำตัดสินของศาลกรุงโซลเพิกถอนทุกคำร้องของ SM | ilnostroposto

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