JYJ filed a 100 million damage suit against a media outlet, referred to as “D” media outlet, on August 1 at the Seoul Central District Court.
The issue on hand revolves around the release of several audio tapes a few months before in March, which allegedly showed some of the JYJ members angrily yelling and cursing at a number of sasaeng fans who had been stalking the JYJ members.
The legal representatives for JYJ pointed out that the fact the audio files were illegally recorded and released without the consent of the party involved made it clear grounds for libel and was an invasion of privacy.
The legal representative added JYJ initially filed a suit against the “D” media outlet in March, however after much internal discussion, it was decided that a civil suit would be more suited leading to the cancellation of the initial suit.
The release of the audio files by “D” media outlet in March and its subsequent report had said the JYJ members had cursed and physically acted against the sasaeng fans.
The report and release of the files were angrily denounced by JYJ’s C-Jes Entertainment as having been deliberately done to maliciously target the JYJ members.
Some netizens pointed out that the filing of the lawsuit, as well as JYJ′s ongoing lawsuit with its members′ former agency, SM Entertainment, may have led to Park Yoo Chun′s shut down of his Twitter account.
Photo credit: C-Jes Entertainment
Credit: Enewsworld
Shared by: JYJ3
JYJ sues Dispatch for defamation of character
After creating controversy with the release of their report and audio files detailing the alleged swearing and violence against sasaeng fans by the JYJ members, Dispatch has been sued by JYJ for defamation of character.
According to reports that have surfaced, JYJ’s representatives are said to have filed a lawsuit against Dispatch asking for 100 million KRW (~$88,355 USD) on August 1st KST. It is also reported that they have demanded that Dispatch take down the audio files and their article, or be fined with 3 million KRW (~$2,650 USD) each day that the media outlet does not comply.
JYJ’s legal team stated, “Publicly revealing an illegally recorded audio file without confirming with those involved first and revealing their real names is considered to be defamation of character and a violation of privacy.”
“We had previously filed a criminal case back in March. However, after discussion, we thought that a civil lawsuit was a better fit, and thus retracted the previous lawsuit and refiled again.”
Source + Photo: Star News, VOP | Tip: S.Lee
Credit: Allkpop
Shared by: JYJ3
Oh man, when will they stop abusing our boys? Boys, We will support you all the way, with or without twitter!
well done cjes and jyj!
SIGH…..So here we go again…. The pattern repeating itself .. over and over with SK media. SME and their “drones are so predictable yet so obviously desperate.
Clearly something is/was brewing in the background why CJES felt compelled at this juncture on August 1st to file suit.
Possibly one of SoMEones “paid” media outlet was about to release more “propaganda” just before the August 10th ruling to stir the pot. I can’t see any other reason. CJES is trying to head them off at the pass.
STAY STRONG JYJ/CJES!
When I saw this on my tweet line this morning, I also wondered why this news at this time, right before August 10 and with the current T-ara controversy
Yes, you are right! When they are stopping all these behave, let JYJ have their own space.
Doesn’t matter what’s happen I support JYJ till the end. They are have real talents and I love them.
“It is also reported that they have demanded that Dispatch take down the audio files and their article, or be fined with 3 million KRW (~$2,650 USD) each day that the media outlet does not comply.”
This is the part that caught my attention. So, not only do you engage in the defamation to begin with, you continue to leave the nonsense up on your website. Sort of like, in your face.
There must be some serious bucks going into the pockets to be that defiant. Hope it is worth it to you.
I really do appreciate the response to stop playing Mr. Nice Guy. I get so tired of always trying to be noble. Just once in a while, turn some round houses and kick ass! Get their attention — no patsies live here!
Karma is a bi***! I will let you taste it Dispatch after what you have done. You are just as disgusting as those sasaeng bi*****!
Congrats for taking this decicion…it’s about time that those fanatics understand that following you all the time and harrasing you is not what a real fan should do…we’ll support you all the way and all the time by listening your music and appreciate everything you’re doing…either is singing or acting…be strong guys…fighting!!
Usually (at least in this country) civil suits are easier to win for the plaintiffs than for the defendants. I hope this is true here too. I hope JYJ gets every last won of that 100million. They deserve it! Good job CJES also for sticking to your guns and following through on your threat of not letting slanderous things like this fall by the wayside.
What the different between criminal case and civil case lawsuit ?
The standard of evidence required to prove a case is different. For example, if it is a criminal case, JYJ will have to prove beyond reasonable doubt that the accused is guilty of that wrong i.e ‘the accused is definitely guilty of that wrong’. On the other hand, if it is a civil case, it is sufficient to prove on the balance of probabilities i.e ‘yes, the defendant has probably committed the wrong.’. Hope this answers your question.
OK thank you ^^
@Lyna
A criminal complaint is filed with the prosecutor’s office which has the reponsibility of investigating the claim, deciding to proceed and charge the defendant of violating crime statutes. This is done on behalf of the person(s) filing the charge.
A civil complaint is filed between to separate parties (plaintiff and defendant) to solve a dispute over violation of civil codes.
The burden of proof in both types of cases is always on the entity filing the complaint.
To add :
Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole.
In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty.
In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior.
Reblogged this on dreamalexia.
Great decision JYJ & CJES!!! ^^
Let D be “burn” with their actions!
SoMeone’s lackey —> D, got greedy, try to harm our men, and bear the dire consequences, on their own! Buhaha!
It’s very wierd that these people expect JYJ members not having any temper, and do not have the right to have tempers.
They are also human for God’s sake! They have the right to be angry and act upon the anger as long as they don’t physically hurt anyone. The have the right to protect their privacy.
@ Michelle
I totally agree and what really makes me upset if when fans of other groups say that their favorite groups have never gotten upset with sasaeng fans. That’s totally not true. Most of these groups have the backings of large companies that can hide any instances in which certain groups may get upset.
@Michelle
Thanks! I love your comment friend. I think the same, if you really a fan of JYJ so put you in their position to understand them before you comments about them. Specially the reporters, sometime I really upset what they have been written in their articles ( these reporters overeacting so I hate that)
@Michelle
What all those ‘others’ tend to forget…your personal space is just that,YOURS. No one has the right to invade it. Not even ‘on the job’ so to speak. Yes, being human beings FIRST, they have the same rights as anyone else.
Too bad those who claim the moral high ground can’t experience the same. Then they can come back and talk.
Too much has happened this year to JYJ and especially to Yoochun. His decision to go off from TL is making sense to me now.
Always be happy, JYJ
Happy to hear this, stupid media this will serve them right for messing with the wrong person and thinking they can get away from such a low way of making money out if someone private life!
‘D’ is DISPATCH
Dear Junsu, Jaejoog, Yoochun:
As confession was made to Lord, He shall lifts you up. Fly over storms, soars like Eagles again.
Jeremy Lin has been so defeated too, Asian , being despised and only 6’3 among giant NBA players ,
and recent surgery on legs. He gains back his faith in Him. S o do JYJ.
knowing how these anti-fans are, cussing and doing violence to them is the least i would do in jyj’s place. i just recently found out that junho had been poisoned by one of them. that alone would have made me angry enough to go all gorilla on them! i hope jyj knows that their true fans are standing firmly behind them.
The guys are human and probably get tired of being followed. Fans who stalk them need to leave them alone.
Aaaand here we go again…
Would never have an end? shit these crazy need to leave guys in peace
please don’t hurt yuchun again…give him to take breath space…please…
Get ‘em JYJ! ^o^
lol . the first thing when i read the title of this article that jyj already won against the case but as i read further , they werent even half there yet .. and i believe the court of sk will drag this case months , year or a hundred year perhaps? (sarcasm) ..
i appreciate how cjes could bring this case to the court , but time is essential in here and not everyone could willingly wait forever to hear the results at the end …sm vs jyj , saesang fan vs jyj, avex vs jyj . is there no way jyj could win even only ONE CASE for real ? LIKE a definite win. the evidence is visible and yet….(disappointed) is justice out there only a fiction?perhaps a figment of the imagination?
Ok, so I’m hearing some complaining that our boyos are in yet another legal battle. The thing is, I believe this is something they must do. It’s not about the money, it’s not really about D media, it’s not about recouping damages. What this case will do, win or lose, is deter future instances of media outlets believing they can get away with this type of sensational ‘journalism.’ This tells everyone that should they cross the line, be prepared for a fight, and I think this is a very necessary message to send to the media who are taking advantage of their popularity to make their headlines in an effort to derail their success. I think this is a smart move and I hope all the unethical SOBs in the entertainment industry are watching and are wary.
“Ok, so I’m hearing some complaining that our boyos are in yet another legal battle.”
It probably escapes them, but if ‘others’ didn’t infringe, all this ‘legal battle’ stuff wouldn’t be necessary. And I mean ALL of it. Unfortunately, the nature of the beast, the entertainment world, means legal battles do come up. It’s just as you say, everyone is riding on JYJ’s coattails to get a piece of the pie.
One simply cannot take advantage of someone and not expect them to fight back. There is a word for those who allow this to happen…doormat. I personally prefer that the guys not become doormats.
I like my men to use the backbones they have, stand up straight, and look everyone in the eye. Makes other people think twice about taking them on.
Reblogged this on 6002Yohana's world.
Ugh this is such a dumb move.
Reblogged this on luminarytriad.