Portrait of You

Here some article that i found when i checked xiah-sshi forum...I can't believe it, they so mean..

QUOTE

Avex needed Tohoshinki to return Japan for activities urgently, and SME agreed under 3 conditions.

1. Keeping a close watch through out the whole course.
2. There should not be any contact/conversation between HoMin and JaeSuChun.
3. Only HoMin are allow to respond during an interview.



On top of that, JaeSuChun were not told of these conditions before and were merely informed of the activities.

Source: DNBN + HeyJJ
Translation: sshutingg @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }

Here some article that i found when i checked xiah-sshi forum..

QUOTE

[TRANS] 091125 SM Blinded By Money, What Lie Will They Make Up Note to our readers: This is an editorial, not an article. Please keep this in mind when searching for facts on this case. I dare to say that TVXQ is one of the best singers in all of Korea. Truth be told, there are few singers who can sing well while dancing rigorously like they do, and there are few singers who not only sing and dance well, but look good as TVXQ does. However, what is unfortunate is their agency SM. When one looks through all the unbelievable actions SM has carried out, one begins to wonder how such an agency was able to bring to Kpop so many singers. Lies only bring more lies To sum the case up, SM suddenly added an activity to TVXQ's schedule. (The concert that came after the lawsuit was instigated) So the three members of TVXQ (Xiah Junsu, YoungWoong Jaejoong, Micky Yoochun) stated that they would not be attending a concert that had not been planned in advance, and SM retaliated strongly and viciously. They gave off a nuance that TVXQ was being very immature by not attending a pre-scheduled activity because of a confrontation with the agency. But the problem is that all of the procedures and results that SM has been stating are lies. 1. A Pre-scheduled Activity? : What is currently causing controversy is the signature happening; in which it is stated that a concert can occur only if the singer signs the documents him or herself. Therefore, if the singer did not sign the documents him or herself, this is the same as the singer stating that he or she would not be attending the concert. The problem is, SM forged these signatures. To restate that, to make the concert look as though it had been scheduled in advance, created this situation from lies. There was no "pre-scheduled activity" that they claimed there was. 2. The Concert Was Given Full Permission? :This is sounding like a lie as well. People must receive permission to advertise or sell anything related to concerts in China. To calm down the controversy, SM stated that they began selling tickets on the 21st. However, evidence from Chinese fans in the form of e-mails confirming that money was transferred for tickets that were sent on the 16th are appearing here and there. SM's statement has once again been proven as a lie. To restate this, SM is trying to cover the situation with lie after lie. -TVXQ's attitude is quite mature. They are too grown up to be called idols. SM is busy trying to criticize and tarnish the names of the members of TVXQ with lies. The company even forged signatures for the Shenzhen concert and canceled the concert only to place the blame on the members. As stated above, they used lies. TVXQ, on the other hand, are not using media play or taking direct action against SM. They did so for their worrying fans, and to reduce, at least by one, the number of times the name TVXQ appeared in the media. What about SM? They, on the other hand, tried to make TVXQ look like schemers and kept them in the media spotlight to tarnish the image of the group. It's as though the agency has the mindset of 'Since you left our house, I'll make sure the rest of your lives are miserable. Is this really how the nation's top, leading agency should act to youths in their 20s? It makes one wonder who is the real adult and who is the child in this dispute. -Those who criticize TVXQ, do not criticize them if you don't know what you're talking about. 1. Impatient TVXQ? Currently, there are netizens who are quietly observing this case, but then there are some who cannot control themselves and criticize TVXQ. I ask for them to think their position over one more time. It's actually quite laughable. SM began selling tickets illegally although the members of TVXQ continued to decline the notion, and they even forged the members' signatures without authorization from the members, until when do you expect them to grin and bear it? Have you no clue about the legal system and laws of our country? Forgery is an extremely serious offense in Korea. 2. TVXQ is greedy for money? : Let's pretend that there is a businessman who worked his way up through this own had work and determination to a reasonably good status in a company. Truth be told, he's receiving unfair treatment, but he is receiving a bigger salary than the average businessman. In any case, he continues to diligently do as the company says for the sake of the expectations put upon him and the development of the company. So the company grew and became developed, and that businessman continued to bring forth results that met or exceeded expectations. However, the treatment he received from the company changed only slightly. All he received was more work, and bigger expectations. Is this situation very fair? Is this a situation to look over just because the salary is not on the bad side? This is not being greedy for money. How is wanting as much as one worked being greedy for money? This is something we should be supporting. Because this is not something wrong to do. When taking the facts that the company would become better in quality and environment, the company should be thankful. Whatever the reason, everything has been revealed. Due to these lies being revealed, it makes one feel as though everything SM has said in the past were lies as well. I don't know about anything else, but I'm very curious to see what explanations, no, lies SM will come up with next. SM's abilities to raise and debut skilled singers is notable, however, they are advised to fix themselves and mature into an agency that can communicate and listen to its singers. Source: [Daum View On+DNBN] Translation credits: jeeelim5@tohosomnia.net Shared by: tohosomnia.net

We previously reported about Jaejoong, Junsu and Yoochun's reaction to SM Entertainment's press conference. The full interview and statements from the 3 TVXQ members have now been revealed. Both parties are now in a full on battle and have added yet another layer of complexity to this already complicated story.

Q: Yunho and Changmin are still with SME.

"That is very unfortunate. SME offers unacceptable conditions to their artists. It breaks our hearts to know that Yunho and Changmin are still there."



Q: You have partially won the trial. How do you feel about your victory?"

"We're more worried about how Yunho and Changmin would feel confused about the ruling. They must have thought that SME, a major entertainment company, would win."



Q: Yesterday, Yunho and Changmin showed their support for SME.

"They can't help but do such thing. They have to do something like that because they're with SME. We've done a lot of things we didn't want to do as well, because we were forced."



Q: How are you finding their decision?

"It'd be a lie if we didn't find it somewhat bitter. But we know that they have their own story, so we understand them."



Q: What do you plan on earning through this lawsuit?"

"All we want is to part from SME. The contracts were unfair, especially the length of 13 years. Division of profit was problematic as well. The three of us have yet to receive our share of income amounting up to couple hundred thousand dollars each."



Q: Some view the lawsuit as the end of DBSK?

"We do not want to cease working as or break apart from DBSK. We just want to end our relationship with SME."



Q: Are you in contact with Yunho or Changmin?

"We lost contact with them after we took legal actions. But we can assume why that would have happened."



Q: How do you plan on maintaining your relationship with those two members?

"If they have something that is holding them back from talking to us, then we will fight to change that. They will speak up when the time comes."

source: nate
credit:allkpop.com

Q: So you are willing to stay together with two other members?

"When this whole thing is over, we will resolve our misunderstandings with the two. We will wait for that day."



Q: Any plans on working as three?

"We will not release an album or perform on stage until Yunho and Changmin comes back to us."



Q: Are you going to stay together until the end with the other members?

"We want to keep DBSK. The stage means something only when all five of us are on it. We are one. We will walk in the name of DBSK until the end."



Stay tuned to allkpop for more developments.

TVXQ / DBSK / Tohoshinki Members Hero Jaejoong, Xiah Junsu, and Micky Yoochun recently held a phone interview with Sports Seoul and shared their feelings about the press conference held by SM Entertainment.

In the press conference, SM Entertainment said that the root cause of all this trouble was the investment into the Chinese cosmetic company. During the phone interview with Sports Seoul, the trio of Jaejoong, Junsu, and Yoochun stated that they watched the press conference together. They had issues that SM Entertainment stated the root cause was with the investment into the cosmetic company. They state that this cosmetic issue has nothing to do with the suspension of exclusive contract as their activities as TVXQ are more important than a cosmetic company. They also stated that they pulled out of the cosmetic company to avoid controversy. They did admit that the cosmetic company controversy played some part into their decision for the suspension of the exclusive contract but emphasized once again that they pulled out of the company.

The trio also stated that having TVXQ continue together is the most important goal but SM Entertainment abused their position in authority and have cheated them out of billions of won (millions of dollars). They stated that they're worried about their fans and that the fans will be the ones suffering the most through this trial. They closed their conversation by stating they will discuss the next steps with their lawyers and proceed from there.

Make sure to join the quintet's #1 international fan forum, OneTVXQ Forums
source: Sports Seoul+allkpop.com

After everything that has happened tonight, many are waiting for the official words from SM Entertainment, and allkpop is first to bring you the statements from a press conference that just took place!

The entertainment company held a press conference today and told their side of the story regarding their legal dispute with three members of TVXQ/DBSK. In addition to a statement by Yunho and Changmin, the two members who did not take legal actions against SME, and statements by their fathers, SME's own representatives spoke up as well; Mr. Kim Young Min, the CEO of the company, stated the following.

Back when we first advanced to Japanese market with S.E.S., major entertainment companies in Japan normally asked for contracts in length from 5 to 7 years. As long as the entertainer stayed with the company for the stated amount of time, the company would not cease investment into the entertainer. When we first planned for BoA to work in Japan, we set the length of the contract at 10 years to allow for long-term investment and a partnership with a major Japanese entertainment company. This resulted in SME working with AVEX, the largest entertainment company in Japan. BoA's great success in Japan was a product of such planning.

When we first planned for DBSK, we wanted to make them the number one artist in Asia. Five members and their parents shared such vision and agreed to add 3 years to initial 10 year contract. The members and their parents agreed to the contract because they found the vision as the number one artist in Asia, constant support from SM, plans to go abroad and continuous investment into the group very appealing. Everyone thoroughly reviewed the contract and agreed to all clauses. To keep the promise of advancement into Japan, SME invested over $4 mil into DBSK despite poor financial condition that the company was in. After 5 years in Japan, we can finally say that we are successful. It is unfair to focus merely on the number 13 without any background knowledge of how the contract was made and the goals and visions shared between SME and DBSK.



Kim Young Min then revealed some startling events that had occurred earlier this year.

On January 6, 2009, the three members told SM that they were going to China for a vacation; but in fact, they attended a meeting with the beauty product company's Chinese subsidiary to talk about investment into the company. We only realized of the deal after photos of them promoting the company surfaced online. We then learned that the three members are board members of the Chinese subsidiary and that they even carry business cards of the company with their name and position engraved.

The three members demanded an increase in their share in profit and we accepted their demands. In April, we had a dinner party after our concert in China. The three members told members of other groups about how much they trusted in SM. Shortly after in May, a Japanese fan asked AVEX's customer service department regarding an event by the beauty product company which claimed that the winner would have dinner with DBSK. SME feared that losses resulting from matters related to the beauty product business would be impossible to recover from. We wanted to review the members' contracts with the beauty product company to protect the members from potential dangers but they refused to share the contract with SME and did not take any actions to relieve SME from our concerns regarding their investment into that company. In June, a major beauty product company contacted us and said that they wanted to use DBSK in their commercials but the three members refused due to their own interest in beauty product business. Shortly after they took legal actions against SME.

The truth face of their action is a fraud. A fraud which fooled the entire nation with words such as "human rights" and "slavery".

Regarding the recent court ruling; three members are now free to pursue personal projects, however all DBSK-related work must be done through SME. Yunho and Changmin intend to promote DBSK in Korea next spring, and we feel that it should be planned at least six months in advance. SME asks the three members to respond to this by November 12th.



With allegations against them coming from the two members, their parents and SME, the other three members are sure to defend themselves from these claims. Stay tuned to allkpop as dispute deepens. Also check out OneTVXQ Forums, the #1 international forum for the group.

sources: 1 2+allkpop.com

What JaeChunSu wants - their exclusive contract declared as null and void [i.e. ineffective]

Current stage of proceedings – Preliminary Stage, still needs to wait for actual trial

What was granted – temporary suspension of the exclusive contract + JaeChunSu can engage in independent activities + SM cannot compel JaeChunSu to participate in entertainment related activities (otherwise it has to pay $10,000,000 KRW per violation)

Why - “basic relationship of trust that is the foundation ...has already crumbled” (3B) and if the actual trial was prolonged, JaeChunSu would basically be receiving little or no income if they were not allowed to pursue independent activities

Why the rest of was not allowed – because possiblitiy that TVXQ may continue as a group + ratio of distribution of revenue are difficult to calculate (3C)

On the issue of 1,000,000,000 KRW – the reason why the Court needs JaeChunSu to pay a deposit (or a bond insurance) is because in the case where SM wins, the court has to ensure that they have enough money to compensate SM (it is a common practice to request the party with a weaker financial position to provide security)

VERY VERY Important points raised by the Court in its reasoning –
 On negotiating powers when accepting the contract – ONE SIDED
o 2B1 – The Court rejected SM’s claim that JaeChunSu has equal or superior negotiating powers in accepting the contract.
o 2B5 – “an extremely one-sided contract”

 On the 13 years contract period – EXCESSIVE
o 2B2 – the earliest date the contract ends is 13th January, 2017 excluding the conscription period. On the length of the contract, the court commented it is the longest amongst all provided examples (apart from Boa and Yoo Young Jin’s 15 years)

 On the amount of damages JaeChunSu has to pay if they terminate the contract – SLAVE CONTRACT
o 2B3 – court hints that it is unfair as SM can terminate the contract without itself paying damages
o 2B4 – court concludes that the provisions on damages goes more than the original intention (of compensating the injured party i.e SM)
and instead “absolutely blocks the Petitioners [Jaechunsu] from exiting the Contract for the sole purpose of maximizing the profits of the Respondent [SM].”
“ By doing so the provisions act as a device to enslave the Petitioners to the Respondent for the abovementioned contractual period of 13 or more years and the court finds it difficult to sanction such them as they are” [seems like the court cannot help but agrees with the lay term ‘slave contract]
o 2B5 – court believes that such contracts does nothing but to solidify the monopoly of large entertainment companies in Korea

 Conclusion –
o The contract is “contrary to the public morals and social policy, or otherwise void because it exceeds what is rational for the length of a contractual term”
o Unless SM modifies almost all of the important parts of the contract, including the contractual period and clause on damages in case of termination, this contract is likely to be void because it imposes on JaeChunsu an “unjust burden”

 Afternote –
o After the entering of the original contract (you can find the dates under 1C as listed in the table), there were 5 subsequent supplementary agreements. The last agreement is dated 6th February, 2009. [note from writer – this is the point of time where JaeChunSu claims they have not been receiving income therafter. It is unknown what amendment have been made which brought forward such claim]


Credits: pinkwings @ OneTVXQ.com