As had been reported, besides the provisional disposition to terminate exclusive contract effect, 3 members of DBSK namely Jaejoong, Yoochun, and Junsu also submitted Preservation of Evidence request so that they could calculate the exact amount of their income.
However, in the first hearing held on last August 21st, SM responded regarding the Preservation of Evidence request, “This immediate appeal for Preservation of Evidence can’t be executed.” SM expressed disapproval regarding the submission request. The company explained that DBSK income receipts along with other documents and materials needed for this settlement is company’s trade secret. And if they’re to be exposed to the media, it can lead to fatal effect.
Regarding the problem, the court described an “in camera” system to invalidate SM’s claim of a fatal risk. The “in camera” system is the process in which the viewers of the evidences are to selected/limited number of people only. Because of this, DBSK’s payment issue can be resolved and the current conflict can be raised.
SM officials therefore approved the DBSK’s ‘Preservation of Evidences application’ and the submission deadline is tomorrow, August 26th.
The court judgment whether SM’s application is received as valid evidences or not is to be determined on Friday, August 28th.
Meanwhile, on the same day (August 28th), DBSK fanclub Cassiopeia is showing support to their idol by submitting petition which is signed by approximately 121,073 people at 1:30 p.m to National Human Rights Commission. “DBSK members have been victims of serious human rights violation and now are seeking way to escape from it. We asked the help from National Human Rights Commission to give human rights protection for DBSK members through their court hearing.”
On last August 20th, Cassiopeia had already submitted their petition which was already signed on-line by 120,000 people from August 12th to 18th (six days) to Seoul Central District Court to support the terminate of unfair contract.
source: diodeo + newsen88news.net
credit: http://www.88news.net/2009/08/25/sm-x-dbsk-lawsuit-%E2%80%9Cwill-the-evidences-application-be-accepted/
Sunday, August 30, 2009
Saturday, August 22, 2009
090821 The First Hearing of DBSK VS SM Ent. Legal Case
DBSK who were represented by their lawyer from SEJONG lawfirm at 11:40 a.m met the reporters after the first court hearing was done. The lawyer said, “Members of DBSK are very upset. They’re hoping for a good end of this case.”. He also mentioned that the members wanted the case to be finished as soon as possible.Today (August 21st) at 10:20 a.m was conducted a private hearing at court room No. 358 to examine the offering opinions from both side at Seoul Central District Court.
The 3 members of DBSK were claming for the invalidity of exclusive contract and non-transparent revenue distribution issues. On the other hand, at SM Entertainment side, they’re revealing records of SM deficit for four consecutive years, as well insisting that the contract was communicated well through the members and revenue settlement has been done properly.
In the process, both sides said that they wanted to end the litigation as soon as possible. The hearing ended by mutual agreement stated by court, “If both sides agreed, we’d make the settlement of this case be private.”
The hearing lasted for 1 hour and 20 minutes while additional evidences requested by court must be submitted by September 12th.
Meanwhile, regarding this court case as many as 120,000 DBSK’s fans had signed petition to oppose the unfair contract on the 20th.
source: naver news + AP + asiaesummarized by: sharingyoochun@wordpress
The 3 members of DBSK were claming for the invalidity of exclusive contract and non-transparent revenue distribution issues. On the other hand, at SM Entertainment side, they’re revealing records of SM deficit for four consecutive years, as well insisting that the contract was communicated well through the members and revenue settlement has been done properly.
In the process, both sides said that they wanted to end the litigation as soon as possible. The hearing ended by mutual agreement stated by court, “If both sides agreed, we’d make the settlement of this case be private.”
The hearing lasted for 1 hour and 20 minutes while additional evidences requested by court must be submitted by September 12th.
Meanwhile, regarding this court case as many as 120,000 DBSK’s fans had signed petition to oppose the unfair contract on the 20th.
source: naver news + AP + asiaesummarized by: sharingyoochun@wordpress
Sunday, August 9, 2009
SM Layer
SM has revealed that they have assigned their own lawyer to deal with the case of 3 Dong Bang Shin Ki members’ lawsuit against them.
SM Entertainment’s group Dong Bang Shin Ki’s 3 member Hero JaeJoong, Xiah JunSu and Micky YooChun has went down to Seoul’s Central District Court on 31st July to apply for retractile of the exclusive belonging rights effects from their contract with SM Entertainment…
SM Entertainment said, “About this case, we have assigned our own lawyer to deal with it.”
Also, the 3 members have came out earlier today to reveal their stand on the case, “The reason of our discord with the company is the unjust contract conditions. We do not want disband.”
Meanwhile, a representative of one idol group said, “I’ve seen 1~2 of such cases of crises in idol groups. I hope that Dong Bang Shin Ki and the company will settle this dispute wisely and peacefully.” But another music industry expert said, “It is hard to narrow down the difference in views of the 2 sides in this case.”
Fans are hoping that good outcomes will result from this. Dong Bang Shin Ki fans are violently protesting to their disband.
Note: sookyeong didn’t state where she got the article from, but I know that she’s credible. She translates from news sites.
Source: sookyeong @ Wordpress K Bites
88news.net
SM Entertainment’s Refutation, “They made 11b KRW after debut.”
SM Entertainment, with which Dong Bang Shin Ki member Hero JaeJoong, Micky YooChun and Xiah JunSu has have a dispute with, came out to reveal their official stand.
SM Entertainment said on 3rd August, “Dong Bang Shin Ki has earn 11billion KRW from after their debut till 2009 July (dividend payout 9.2 billion KRW + beforehand provision 1.77 billion KRW)…Also they also received many high-end foreign products in the process even though SM Entertainment was suffering from a business deficit in the 4 years after the group’s debut. And even though there is a distributive ratio, they would have raised it with proftis from their endorsement in CFs, doing events and also photoshoots.”
And about how the 3 members have said that they were given unjust treatment, SM Entertainment said, “About their health and schedule, we have discussed them before they were put through it.”
And about the cosmetic enterprise, SM said, “Looking at this case, this holds substantial reasons to it. It is evident since there is only 3 members involved in this case. They wanted to reduce the loss of image and harm to them as soon as possible with this plan as they will be used for the enterprise in terms of having their images used as part of marketing and also to participate in events for the enterprise.”
Also, “According to the Fair Trade commission, there is no provision saying that singers cannot be signed for beyond a period of 7 years, and there is no exceptional provision limiting the contract of singers promoting overseas. We did amendments to the exclusive rights clause for 5 times after the contract was contracted, 2 times were to address the compensation of loss, and after checking and confirmation by the Fair Trade Commission. The rest of the 3 times were to address the profits distribution ratio and for renewal – in 2004 January, then in 2007 February and 2009 February.”
SM “We will solve this case with the 3 members regarding the application for retractile in the contract and the lawsuit confrontation as soon as possible.”
Source: sookyeong @ Wordpress [K Bites]
88news.net
credit: http://www.88news.net/2009/08/03/sm-entertainment-assigns-lawyer-to-deal-with-dbsk-dispute-case/
SM Entertainment’s group Dong Bang Shin Ki’s 3 member Hero JaeJoong, Xiah JunSu and Micky YooChun has went down to Seoul’s Central District Court on 31st July to apply for retractile of the exclusive belonging rights effects from their contract with SM Entertainment…
SM Entertainment said, “About this case, we have assigned our own lawyer to deal with it.”
Also, the 3 members have came out earlier today to reveal their stand on the case, “The reason of our discord with the company is the unjust contract conditions. We do not want disband.”
Meanwhile, a representative of one idol group said, “I’ve seen 1~2 of such cases of crises in idol groups. I hope that Dong Bang Shin Ki and the company will settle this dispute wisely and peacefully.” But another music industry expert said, “It is hard to narrow down the difference in views of the 2 sides in this case.”
Fans are hoping that good outcomes will result from this. Dong Bang Shin Ki fans are violently protesting to their disband.
Note: sookyeong didn’t state where she got the article from, but I know that she’s credible. She translates from news sites.
Source: sookyeong @ Wordpress K Bites
88news.net
SM Entertainment’s Refutation, “They made 11b KRW after debut.”
SM Entertainment, with which Dong Bang Shin Ki member Hero JaeJoong, Micky YooChun and Xiah JunSu has have a dispute with, came out to reveal their official stand.
SM Entertainment said on 3rd August, “Dong Bang Shin Ki has earn 11billion KRW from after their debut till 2009 July (dividend payout 9.2 billion KRW + beforehand provision 1.77 billion KRW)…Also they also received many high-end foreign products in the process even though SM Entertainment was suffering from a business deficit in the 4 years after the group’s debut. And even though there is a distributive ratio, they would have raised it with proftis from their endorsement in CFs, doing events and also photoshoots.”
And about how the 3 members have said that they were given unjust treatment, SM Entertainment said, “About their health and schedule, we have discussed them before they were put through it.”
And about the cosmetic enterprise, SM said, “Looking at this case, this holds substantial reasons to it. It is evident since there is only 3 members involved in this case. They wanted to reduce the loss of image and harm to them as soon as possible with this plan as they will be used for the enterprise in terms of having their images used as part of marketing and also to participate in events for the enterprise.”
Also, “According to the Fair Trade commission, there is no provision saying that singers cannot be signed for beyond a period of 7 years, and there is no exceptional provision limiting the contract of singers promoting overseas. We did amendments to the exclusive rights clause for 5 times after the contract was contracted, 2 times were to address the compensation of loss, and after checking and confirmation by the Fair Trade Commission. The rest of the 3 times were to address the profits distribution ratio and for renewal – in 2004 January, then in 2007 February and 2009 February.”
SM “We will solve this case with the 3 members regarding the application for retractile in the contract and the lawsuit confrontation as soon as possible.”
Source: sookyeong @ Wordpress [K Bites]
88news.net
credit: http://www.88news.net/2009/08/03/sm-entertainment-assigns-lawyer-to-deal-with-dbsk-dispute-case/
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