Jaejoong-Yoochun-Junsu

JYJ revealed how they felt during the 4 years of lawsuit with SM Entertainment.

In the interview with their new magazine ‘The JYJ‘, the subject of leaving their former label, 4 years ago in 2009 was brought up. Yoochun said, “Our label at the time, SM Entertainment, must have suffered, but if we look back at it now, we’re the ones that suffered even more. We used to think, ‘This, too, will pass’.”

Junsu added, “It was really hard on us, but all we could do was bear with it.”

Jaejoong reminisced, “All we could do was silently maintain our position. If we said something, it could be misunderstood, and if we said it wasn’t true, we would seem like cowards, so we couldn’t do anything.”

‘The JYJ‘ magazine was recently released chronicling thoughts they have kept to themselves for 1000 days. It contains 139 pages in all including their various interviews which lasted a total of 25 hours.

On their past 1000 day experience, the members said, “There were a lot of hard things to endure over the past 1000 days, but we can say we were honestly happy. We had to work hard and there were unexpected obstacles, but we were able to grow and learn that much more.“

Source: allkpop

Read More

They may not be able to perform on Inkigayo or Music Core, but it’s not like JYJ‘s been doing nothing these days.  Jaejoong, Junsu, and Yoochun, in addition to their busy solo schedules, will serve as honorary ambassadors for the 2014 Incheon Asian Games, the largest sporting event held by the Olympic Council of Asia.

This isn’t the trio’s first ambassadorial gig, though:  they were appointed as ambassadors to the G20 Summit in 2010, PR ambassadors to the United Nations in 2011, and PR ambassadors to the Nuclear Security Summit in 2012. JYJ will be inaugurated into their position as the face of the Games on February 20th, with the actual event running from September 19 to October 14 2014.

Speaking of inaugurations — did we mention that they will also headline alongside PSY at the 18th South Korea Presidential Inauguration on February 25? JYJ will celebrate the incoming president Park Geun Hye by performing a remixed throwback: Seo Taiji & Boys‘ “I Know.”

JYJ is still suffering through the effects of the media ban they were under during the infamous SM Entertainment contract lawsuit, but, as evidenced in the latest of several high-profile appointments, that hasn’t stopped the trio from making their long-awaited return through other means.

Could it be that we’re seeing the light at the end of the JYJ media blackout tunnel? Or should we not get our hopes up so soon?

Credit: MTV K

The contract dispute between SM Entertainment and JYJ (Kim Jaejoong, Park Yoochun, Kim Junsu) has finally ended after 3 years and 4 months.

According to several reports on November 28th, SM Entertainment and JYJ have resolved the contract dispute, with both sides deciding to end the files for injunction that were filed on July 31st, 2009. 

In addition, both sides withdrew all related litigation, signing a contract that they will not embark in mutual matters again. 

An representative from SM Entertainment said through a press release on the 28th, “The three no longer wanted to be part of TVXQ as there is no reason to be under the management of SM Entertainment. And so, it was decided to end the case and negotiation today with the agreement that there will be no mutual connections.”

“In order to prevent any further discomfort and unnecessary issues for the current TVXQ members, U-Know Yunho and Max Changmin, who have continued to proceed with their activities, the judge decided that it was best to end this trial.”

C-JeS representative Baek Changju said, “Three years ago when the court accepted our injunction, we thought that this was a fight we had already won. The legal situation isn’t what interfered with JYJ’s activities, but this was more of a David vs. Goliath situation. We don’t see it as a big change in their activities. JYJ is going to continue with their future plans and activities as planned.”

“With this final court verdict, we hope that the restriction that was involved in this case will improve. We want to send our sincere thanks to fans who have been continuously giving their support without any changes.”

JYJ first made their entrance into the music industry as part of the 5-member group TVXQ, until the trio filed an injunction at the Seoul Central District Court against SM Entertainment on July 31st, 2009, disputing their contract with the agency. Since September 2010, they formed the group JYJ under C-JeS and have been relatively active in the music industry, going on world tours, and achieving high success in the acting scene since then. 


Source: Asia Today, OSEN and Kuki News

Read More

It was revealed on the afternoon of November 28th that SM Entertainment and idol group JYJ have finally come to a mutual settlement regarding their contract dispute.

Both SM Entertainment and C-JES Entertainment have agreed to end the contractual dispute which had been going on for years since July 31st, 2009. In addition, both have agreed to not interfere with any of each other’s activities from now on.

JYJ’s representative lawyer expressed, “Kim Jaejoong, Kim Junsu, and Park Yoochun had previously filed a lawsuit against their previous management agency, which gradually became a societal issue. The verdicts were ruled in favor of JYJ by the courts and were able to annul lengthy and unfair contractual terms for rookie singers. The verdict also became a revolution as it helped to ensure that future contracts for rookie singers were just and fair. Rules and regulations were changed, and the most important thing was the attitude of management agencies and singers had a dramatic transformation, enabling rookie singers to be able to go about their activities with freedom under the protection of the law.”

C-JES president Baek Chang Joo said, “We thought that victory were in our grasp when the courts ruled in our favor. Basically, this concession means that our side has won. Frankly, the limited activities that JYJ can partake in is not a matter of law, but a battle between David and Goliath. So I feel that even with this mutual settlement, nothing major will happen.”

Read More

The dispute regarding exclusive contract between SM Entertainment and JYJ (Jaejoong/Yuchun/Junsu) has been completed by the both parties’ agreement. This made the dispute dragged for 3 years and 4 month finally finished.

According to legal circles on 28^th, SM Entertainment and JYJ agreed to finish all contracts made between the both parties as of July 31^st, 2009, the date of application for injunction. Also they made agreement to withdraw all lawsuits related and would not interfere in each other’s activities. Therefore, JYJ and 2 members of TVXQ now go separate ways.

TVXQ has been doing its activities as 2 members – Yunho and Changmin, and Jaejoong Kim/ Yuchun Park/ Junsu Kim have been doing both individual activities in acting career and activities as the group JYJ. It is now the 3^rd year of JYJ which was formed in SEP 2010, and the both TVXQ and JYJ are having a lot of popularity in domestic and abroad.

As the conflict is completed by agreement, now there is almost zero percentage for TVXQ to be 5 members in a matter of fact. Also the both sides have already made their own ways, so it is expected that there would not be any big changes of their activities. TV2XQ and JYJ are now able to have their activities independently freed from dispute.

Jaejoong Kim, Yuchun Park and Junsu Kim made their first debut as members of TVXQ in 2004, and applied for an injunction to terminate validity of exclusive contract against SM Entertainment, the former management company, in July 31^st, 2009.

+) Also JYJ’s names will be removed from the list of SM artists on its financial report for stock market from this 4^th quarter as now the three members of JYJ are neither TVXQ, nor SM singers any more after all contracts has become invalid. (SM has included JYJ’s names on the name of the members of TVXQ insisting they were still SM singers as the exclusive contract was valid.)

Now the past becomes ‘real’ past, so congratulations on being freed from the contract of SM!

Credit: Daum

Translated by: http://dedicatee.wordpress.com

**If you want to move the post,
you must give the credit and use the full contents.
Partial quotes or editing the contents are not allowed.  **

JYJ “We’ll walk the way that only JYJ can do”
C-JeS comments on completion of the lawsuit

NOV 28, 2012

The dispute between JYJ(Jaejoong Kim, Yuchun Park and Junsu Kim) and SM Entertainment has been dramatically completed by the both parties’ agreement.

C-JeS Entertainment, the management company of JYJ, released official press release through Se Jong Law Firm, the legal representative. On the press release of Se Jong Law Firm, it expressed that “the injunction JYJ filed against the former management company(SM) made monumental rulings clarifying that unfair contracts abusing the weak party’s position are invalid twice, while it was drawing such public attention”, as the background of the lawsuit.

It continued, “The previous rulings made that entertainment industry’s unfair practices wiped away and accelerated opportunities to be significantly improved. With the ruling from the lawsuit, 1) legal practices were improved in order to protect new artists, 2) the parties involved in entertainment industry became aware of the problems so that the new artists can have their activities with more freedom. We hope this broad view of agreement can help JYJ to improve even more, with the both parties mutual cooperation”.

Read More

SUMMARIZE: The Reactions of Chief Directors and other directors at the entertainment part in the Broadcasting Company…-  about end of the ruling and the future

KBS:
(Chon Jinkook-Chief Director)
I heard the news this afternoon..
I think we can tell about our position after the taking and arranging the situation..
As the main reason was ruling..
So, in my opinion, there’s no reason to block their appearances on our programs if it is clearly solved..

MBC:
(Won Mansik-Chief Director)
Although the ruling was over.. I think their appearances need the time..

(and other officer said…)
We have no discussion about their appearances on our programs (including our music programs and entertainment programs) until now..
I think the whole entertainment part should think about this for now..

SBS:
(Park Seungmin-SBS ingigayo PD) It’s the problem of the whole entertainment part.. We still have no discussion about this.. So I have no words about this…

Source: OSEN
Translated by: Min (@theyoungestmin)
Shared by: JYJ3

The legal battle between JYJ and SM Entertainment has finally come to an end!

After what seems like forever, the two sides are reported to have come to a mutual agreement on the 28th.

It is said that SM Entertainment and JYJ have both withdrawn all lawsuits against one another, and have agreed to not interfere with any of each other’s activities.

The long drawn out fight was started back in July 31st, 2009 when the initial lawsuit was filed against SM Entertainment by the three members of JYJ, who were part of TVXQ, requesting for the cancellation of their contracts. Since then, the two sides failed to reach an agreement every time and was due back in court again later this year.

It seems the legal battle is now over, and both sides, especially JYJ, can work towards moving forward free of the legal issues that had been holding them back.

Source: Hankooki, Asia Today

SM Entertainment (CODE 041510) showed earning shock [economic performance shows a lot lower than expectation]. Its business profits in this third-quarter were below analysts’ estimated profit – which were less than half of estimated figure.

SM submitted its report of this quarter to the Financial Supervisory Service at 14:12 without any public announcement. According to the report, its business profits for third-quarter was 11.7 billion KRW. It was more than the last third-quarter, but a lot less than expectation of stock market. Analysts had estimated its third-quarter’s business profits to be 20~23 billion KRW.

The stock price responded immediately. It started to falling slowly right after its report, and hit the floor of the lower limit at 14:25.

[irrelevant part omitted]

Read More

SM Entertainment and the group JYJ (Jaejoong Kim, Junsu Kim and Yuchun Park) who have been in dispute regarding the exclusive contract of the Idol group TVXQ failed to find an agreement and remained as far apart as ever.

Seoul Central District Court Civil Department 47 held an arbitration date for JYJ’s exclusive contract dispute at Arbitration room #579 of Seoul Central District Court. The lawsuit was about to be ruled on Sep 13, but it was brought to arbitration by the court’s authority.

The court held an arbitration date for about an hour with Young Min Kim, the CEO of SM Entertainment, and the both parties’ lawyers in order to urge an agreement, however, the both parties turned back after finding their different stances again, having no results.

“There was no outcome at all”, said JYJ’s lawyer told StarNews, implying the arbitration was failed. He added that “We only set forth our own opinions in each stance. There was no change about the differences in opinions”.

The court again suggested the both parties to have a mutual agreement. But, it did not set any dates for next hearings, and suspended the verdict indefinitely in the manner of having enough time for agreements. Therefore, the lawsuit that has been dragged out for 3 years since 2009, not become lost in the mists without an end.

So far, there have been a number of arbitration dates since last May in order to try to reconcile their differences in opinion and the verdict date had been set soon, but the arbitration date was set after the court recommended the both parties’ mutual agreement.

JYJ filed an injunction saying “We would the court to terminate the validity of an unfair contract” in 2009, and SM Entertainment filed a lawsuit to clarify the validity of an exclusive contract in April 2010 after the court accepted the injunction. JYJ also filed a lawsuit to clarify the invalidity of an exclusive contract too. And the court rejected all injunctions filed by SM Entertainment (Objection against the injunction ruled in 2009 and an injunction to terminate the validity of an exclusive contract –between JYJ and C-JeS-.), confirming that the exclusive contract between SME and JYJ is invalid and JYJ’s independent activities are guaranteed as well as legally right.

_________________________________________________________________

To help your understandings:

- This is not about who wins the lawsuit, based on the fact that SM’s lawsuit (the above 2 lawsuits were proceeded at the same time) was finished before JYJ’s lawsuit. The result is already out – the contract between SM and JYJ is invalid. The main issue is now how much SM would have to pay JYJ as compensation for damages.

- ‘Suspend the verdict indefinitely’ means more like ‘urge an agreement by force, in details such as compensation for damages’.

- If the lawsuit is finished by the both parties mutual agreement: JYJ receives compensation for damages amounted by arbitration and the case would be finished without further verdict and the appeal/trial at the Supreme Court.

- I cannot say further why the court keeps suggesting mutual agreements and feel absolutely disgusted. I can only guess that there is the president election in November in Korea, and the present season is easily effected by political manner as all personnel matters of officials would be changed after the election. We all feel so angry but all we can do is stick together for JYJ even if it sounds depressing. Cheer Up everyone! For JYJ’s sake.

 Original Link:  Nate, Naver <– Click here please
Translated by: http://dedicatee.wordpress.com

The verdict for the ongoing case between JYJ and SM Entertainment over past contracts has been postponed indefinitely.

Another hearing was held on September 18 at 5PM KST at the Seoul Central District Court, but SM CEO Kim Young Min and lawyers from both sides were unable to come to an agreement. The court advised the two sides to reach an agreement and postponed a verdict indefinitely.

The case, which started in 2009, has yet to see an end.

Source: Sports Chosun via Nate
Credit: Allkpop
Shared by: JYJ3

According to the the Seoul Central District Court, the verdict for the ongoing case between JYJ and SM Entertainment over issues related to past contracts has been postponed.

The two parties were unable to reach a mutual agreement back in their latest court session in August, and thus a new date was set for September. However, although the verdict was to be issued by 10 AM on the 13th, the court recommended that the two parties mediate and postponed the verdict once again.

JYJ’s legal representatives commented, “The court has once again recommended that we try to mediate… Although there are differences of opinions, the court believes that an agreement can be reached and strongly wishes for the issue be mutually settled.”

“We will be adjusting our schedules so that legal representatives of both sides can meet again soon and try once again to come to an agreement,” they said.

Source: Money Today via Nate
Credit: Allkpop

[Medias] The legal dispute between SM and JYJ which has been dragged for 3 years is due to finish in September. In fact, the details that the both parties have argued are mutual agreement in arbitration (mediation). The word ‘mutual agreement’ seems to be significant at this moment because the court already ruled in JYJ’s favour regarding the dispute about their exclusive contract.

In 2009, JYJ applied for injunction to terminate the validity of exclusive contract against SM and SM filed a lawsuit to verify the validity of exclusive contract and compensation for damages the next year[Translators Note: SM’s lawsuit finished its all hearings in May 2012 so it is due to be ruled together in September.] However, JYJ also filed a lawsuit to verify invalidity of exclusive contract so their legal disputes have been continued for 3 years.

It looks like the lawsuit is remaining unresolved at first glance, but the court already rejected not only SM’s objection against JYJ but also SM’s injunction to terminate exclusive contract (between JYJ and C-JeS Entertainment). In addition to these, the court also ruled that SM cannot interfere JYJ’s independent entertainment activities. Of course, it is an open secret that SM interfered JYJ’s media appearances despite of the court’s decision.

JYJ’s injunction insisting ‘we would like to be freed from the unfair contract’s fetters’ was partly accepted as a result. The court recognised that the exclusive contract which SM made with JYJ was an unfair contract. Which means, the most significant dispute whether it is an unfair contract or not has already been decided by the court: it is the unfair contract.

Read More

*Arbitration in Korea may defer to your own country’s law system, so it’d be great if you could  accept as it says and try not to compare/adjust with your law system.

Arbitration refers : In order to solve an argument, the court intervenes in the parties involved by drawing agreements with mutual concessions so that the court can build bridges to the both parties.

- When one party applies for arbitration, the court can accept if it’s decided to be necessary, or reject it.
- If both parties have successful agreements by arbitration, the case can be concluded as a mutual settlement.
- If agreements are failed, hearings/trial begins again in order to make the judge’s ruling.

1. There were 4 times of arbitration by SM’s request in 2011. Jaejoong/Yuchun/Junsu have not applied for change of dates or arbitration. [Well SM had constantly requested changes of hearing dates before these arbitration.  You may know the reason already – all SM wants is ‘not having the case concluded].

2. The arbitration failed to reach a mutual agreement, so hearings re-started in Jan 2012. [SM even applied for delay of hearing preparation date during this period too.]

Anyway, all hearings completed on June 19, 2012, and July 19, 2012 is announced for the date of the final ruling(rendition of judgement) of 1^st trial.

3. Today (July 11), 8 days before the ruling, SM’s lawyers have submitted an application for arbitration. It can be accepted or rejected by the court’s decision.

Certainly HoTels are getting crazier than ever as the July 19 is coming, saying such things like JYJ is dragging the lawsuit or some kind of other rubbish. I can confirm that JYJ’s lawyers have never applied for any changes of dates or arbitration while SM is still doing so. Why would they? It’s SM who does not want this lawsuit finished, not JYJ. The members’ lawyers are the one who complained SM’s such behaviours (changing hearing dates, not bringing the witness in time so that the hearing was delayed) to delay the lawsuit in the court.

Anyway, it’s 8 days (soon to be 7 days in KST) before the ruling date, and just ask yourself this question. ‘If you were the one who was highly expected to win a lawsuit, would you apply for arbitration which took months, a week before final ruling date?’ SM’s intention seems so transparent that does not worth speaking of, but I just wanted to explain as OT5s/HoTels say some ridiculous things to defend SM.

Well as July 19 is coming forward, there will be anything about accepting or rejecting this soon so let’s wait couple of days more.

Credit: http://dedicatee.wordpress.com
Shared By: JYJ3