Comprehensive Account of JYJ vs. SM March 15, 2011 Court Hearing

Comprehensive Account of JYJ vs. SM
March 15, 2011 Court Hearing

*Please click on image to enlarge

Compilation and explanations by: Inklette@DNBN
Sources: 1, 2, 3, @withJYJ and @inhye87 of withJYJ, DC TVXQ Gallery, esc님
Shared by: TheJYJFiles

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Yunho and Changmin Switch Their Stance on JYJ

Editor’s note: We deliberated on whether to post this article and our decision was not an easy one. The JYJ Files wanted to ignore “the other side” and felt there were many things best left sorted out in the courtroom. However, it was very disheartening that after the cosmetics business accusation against JYJ was proven invalid by the court, instead of just letting it go and leaving JYJ alone outside of the courtroom, there are still actions taken to publicly malign JYJ. As we all know, JYJ stand on disadvantageous grounds for they cannot even appear on television to defend themselves. We wish the other side would leave JYJ alone and instead, focus on building their new brand image. Instead, new accusations against JYJ’s characters were flung. With KDG, even though we were disappointed with Yunho’s answer, The JYJ Files have endured it for such a question from the host might be expected for that show. But with Changmin’s recent answers on Chosun Ilbo (the largest newspaper in South Korea), we realized that these defamation tactics will not cease and JYJ will not be left alone. As fans of JYJ, we are stepping up to the plate to present facts that showcase the situation as it stands. In doing so, we hope that people become aware of the reality of the situation and will accept the responsibility to guard against further slandering of JYJ’s names.

In the end, we presented the facts and our readers have a right to know the facts. We did not want to create controversy, but to refrain from posting what Changmin said in his interview with Korea’s largest newspaper and what Yunho said in one of the most popular programs in Korea, out of our desire to avoid controversy, would have been a disservice to our readers. These things are public and widely commented upon in Korea where people can read them on their doorsteps, but since the international fandom is once removed, we faced the temptation of censorship for the sake of peace. In the end, we stand by our decision to reveal the facts despite how uncomfortable they may be for some of our readers.

*Please click on image below to enlarge

Written by: Inklette of DNBN
Shared by: TheJYJFiles
Sources 1, 2, and 3

[110314 Court Hearing] The Reason Why JYJ Had No Choice but to Sue

The Reason Why JYJ Had No Choice but to Sue

Posted by Seo Yoonah-pierrot, @followyas and @babyblue

Original source: Naver Mongeul Mongeul blog

The March 15 SM v. JYJ Hearing

1. The alleged reason why the [Dong Bang Shin Ki’s] members’ earnings were so little was that everything was attributed as overhead expenses. It was revealed today that what SM counted as overhead expenses included such comically ridiculous items as snacks, daily expenses of SM executives and staff, parking fees, cold medicine, meals, entertainers’ transportation (ie, plane, car), rent, concert agents’ costs, various taxes and expenses that should have obviously been covered and borne by SM.

2. SM claimed that in 2008, of the 14.7 billion won (roughly 14.7 million USD) in royalties earned that year only 1 billion won (roughly 1 million USD) came from Dong Bang Shin Ki, and the rest came from CSJH, BoA, the Trax and Koh Ara [T/N: A Korean actress under SM]. Those who know of Dong Bang Shin Ki’s popularity and selling power in Japan and abroad know how baseless this claim is. (The judge asked if Koh Ara really brought in more revenue than Dong Bang Shin Ki, at which SM’s side could not respond). At this point, many in the courtroom even burst out laughing.

3. In 2008, SM transferred the required 10% of digital download sales [to Dong Bang Shin Ki] but in 2009 didn’t even bother to do so.

4. The total earnings from the world tour amounted to 3.4 billion won (roughly 3.4 million USD), but of the amount that was supposed to go to the Dong Bang Shin Ki members, [SM] subtracted 900 million won (roughly 900,000 USD) as agents’ fees.

5. The money that was handed out as advances was later deducted as personal taxes. If only [SM] had done their accounting properly there would have been no need to pay such taxes on these advances.

6. The [Dong Bang Shin Ki] members were made to pay for the agents’ fees for their concerts abroad, music videos and even choreography expenses.

7. Even given the sales of Mirotic accounted at 480,000 units, [SM] was supposed to pay [the members] 50 million won (roughly 50,000 USD) but didn’t for the reason that the next album hadn’t come out yet.

8. In 2004, [the Dong Bang Shin Ki members] were accounted the 3-4 months’ worth of profits for the single “Hug”, but the accounting records reveal that after that they received nothing on the sale of their albums.

Ultimately, the [Dong Bang Shin Ki] members were burdened with all the costs.

So what exactly is SM insisting it invested? [T/N: the author is implying that SM’s justification that the financial arrangements in DBSK’s contract were necessary to recover investment costs is in fact one big, elaborate lie/fraud. All the major investments were made by the DBSK members; the DBSK members were in fact forced to invest in the company that supposedly invested in them]

What kind of calculation method is this?

The more they are active, the more they lose money…how is there anyone that thinks this makes any sense?

If this is how much SM screws around in court, one wonders how much more severe is their screwing around in real life.

All the information revealed at the hearing is the result of SM having tailored and bent the facts in their favour, and yet it still renders one appalled. One wonders how much more shocking the uncensored version is.

And now, the judgment that was originally due out today has been extended once more to a fourth hearing thanks to SM’s latest claims/antics.

But everyone, be aware of the truth.

Sources: @followyas, @babyblue1225

Translation by: Jimmie of TheJYJFiles

Shared by: TheJYJFiles

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[News] JYJ Fans Stand up against the Tyranny of Management Companies

JYJ Fans Stand up against the Tyranny of Management Companies

After the suspension of group JYJ’s contract, they remain blocked from appearing on broadcasts… Appeals [by fans] to “let them resume their normal activities”

» An Internet broadcasting station that allows JYJ fans to meet the three members originating from idol group Dong Bang Shin Ki, ilovejyj (ilovejyj.com) was launched on the 3rd (top picture). ‘JYJ Fan Union’ set up advertisements voicing support on the 7th in metro stations, such as Apgujeong and Hongik University.

Opening an Internet station…submitting a petition to the court…even public advertisements

On the third of this month, the ‘ilovejyj (ilovejyj.com)’ Internet broadcasting station opened its doors. On the hour of its inaugural broadcast, 8pm, the server crashed due to sudden increase of viewers trying to access the site. JYJ fans had eagerly rushed in all at once. Consequently, the first broadcast was pushed back a day with continuing broadcasts on the 5th and 6th.

The reason why this Internet station is the centre of attention is because it represents an attempt by fans to circumvent the tyranny of the big-scale entertainment management companies that are deliberately blocking JYJ’s media appearances via an alternative route to connect the singers to the public. All the resources and manpower needed to open this project was gathered through the ‘donations’ of fans. Some 70 fans participated in the productions through their ‘talent donations’ and divided themselves into a writing team of 13 people, an imaging team of 3 people, a webpage design team of 7 people, a sound team of 3 people, and a Chinese-Japanese translation team of 7 people.

JYJ is the team made up of Kim Jaejoong, Park Yoochun and Kim Junsu, who were once active in the idol group ‘Dong Bang Shin Ki’. These three filed a lawsuit against their management company, SM Entertainment, requesting the invalidation of their exclusive contract with the company, revealing their 13-year lifetime contract and the unfair profit distributions that saw them receiving a paltry 0.4~1% of their entire album sales.

JYJ have been walking a thorny path ever since. They released their first full-length album, ‘The Beginning’, in October of last year but have been unable to show their face on mainstream television. One producer of a variety programme on a mainstream channel confessed, “Because our relations with the big entertainment companies might become uncomfortable, we variety show producers are unable to even to think of inviting JYJ.”

Even given the efforts of fans to get JYJ back on public broadcasts, the circumstances aren’t good. On February 21st, the Seoul Central District Court civil cases department 51 (Judge Kim Daewoong) declared, “SM Entertainment shall not interfere with the entertainment activities of JYJ” and “each time this order is violated, [SM] shall pay a penalty of 20,000,000 won (roughly 20,000 USD) for each offense” in an official compulsory injunctive order, but nothing has changed. A cable channel, which was slated to broadcast a ‘JYJ reality programme’ in the middle of February, ended up unilaterally cancelling it.

Running the Internet station is also proving to be anything but smooth. On the 5th, when Grand National Party Member of Parliament Jeon Yeoh-ok appeared to give a congratulatory message, fans started saying, “this will damage JYJ’s image” and sharply criticised it. The administrators of the Internet station issued an apology on the 8th and has currently suspended its operations.

However, the pressure to get JYJ on to public mainstream broadcast is mounting as time passes. On February 28th, 86,418 foreign fans of JYJ submitted to the Seoul Central District Court a ‘petition for the recognition of JYJ’s legal rights.’ ‘JYJ Fan Union’ has put up ads in 21 stations of the Seoul metro, such as Apgujeong and Hongik University, with the words “JYJ, we support your youth” and “Kim Jaejoong, Park Yoochun, Kim Junsu, ride the express train to mainstream TV.”

Hankyoreh reporter Lim Jisun

Source: Hankyoreh

Translation by: Jimmie of TheJYJFiles

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[News] Who is the Real Culprit Disgracing the Korean Wave?

Who is the Real Culprit Disgracing the Korean Wave?

Exposure of the backwardness of the Korean entertainment business to the international community

The constant blocking and curtailing of JYJ’s activities is only exposing to the international community and international consumers of the Korean Wave the state of underdevelopment of the Korean entertainment business and broadcasting structure. The photograph above shows many of these fans and consumers at JYJ’s New York showcase waiting in excitement.

In October of last year, the Korean Federation of Pop Culture and Arts Industry (KFPCAI) stated in an official letter sent to all national mainstream and cable TV stations, “The broadcasting of JYJ will have a negative effect on the Korean Wave as well as the image of its cultural contents industry and the Korean nation behind the Korean Wave,” and that “it will lead to the regression of pop culture and the Korean Wave,” thus urging all recipients to ban the appearance of the group. Yet, four months after that incident, this past February, JYJ’s foreign fans warned, “We the international consumers of the Korean Wave reiterate our unwavering support for JYJ and urge their nation to secure justice for her own citizens or else risk forever marring her cultural products with the stigma of human rights violations.”

That day was the day after cable channel QTV had publicised its decision to cancel JYJ’s reality programme ‘JYJ’s Real24’, which detailed the members’ daily lives, and two days after some 86,000 foreign fans of JYJ submitted a petition to the Fair Trade Commission and the Seoul Central District Court.

JYJ’s foreign fans declared, “QTV’s behavior is unprofessional, irresponsible and unacceptably disrespectful to its viewers and the laws of its own country”, unable to hide their regret and disappointment at the situation. They also noted, “QTV announced that it had cancelled JYJ’s reality show, JYJ’s Real24, after creating significant reliance interests for viewers by advertising through multiple channels that it would air the show within February” and that “such acts represent contempt for JYJ’s entertainment activity rights, which have been twice affirmed by the court.”

On February 28th, JYJ’s foreign fans submitted a petition to the Seoul Central District Court and the Fair Trade Commission, urging for the recognition and protection of JYJ’s legal and human rights. Signatures were collected from February 2nd to February 25th through a site set up in 10 different languages, asking for a timely ruling recognising JYJ’s rights and guaranteeing their media activities.

[Foreign fans] commented on the negative events closing in on JYJ and their practical hardships, “As consumers of the Korean Wave, we would like to express our disappointment in these violations of JYJ’s legal and human rights which have had a negative impact on our understanding of Korea and our appreciation of her cultural products.” It is clear that all this is communicating/exposing to the international community and the consumers of the Korean Wave the backwardness and close-mindedness of the Korean entertainment business and broadcast system; it is enough to make one blush [with shame].

It makes one wonder how absurd is that state of Korea’s entertainment industry that foreign fans are accusing its current state with words such as “the Republic of Korea must take action against such unashamed disregard for her laws.” This is clear evidence that, on the contrary, it is those who are standing against JYJ who are staining the reputation of the Korean Wave.

The public now demands of them.

Who is the real culprit disgracing the Korean Wave!

[Special feature from the Korean Reporters Academy]

Source: Todaykorea.co.kr

Translation by: Jimmie of TheJYJFiles

Shared by: TheJYJFiles

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