Avex Appeal – First court hearing
Date: June 26th
Time: 1:10pm.
Source: @loveJJkaorin via @rubypurple_fan
Shared by: JYJ3
Kim Jaejoong’s group, JYJ, recently won their long lawsuit with Japanese agency AVEX.
In a recent interview held at a coffee shop in Gwanghwamun, Kim Jaejoong opened up about plans after winning the case against AVEX.
Kim Jaejoong answered, “First of all, I hope to quickly go to Japan and meet everyone with a concert.” He continued, “after that, if I can get a distribution channel and gain freedom, I want to formally release a Japanese album in Japan. If I’m free like the result of the lawsuit says, I should be able to go on broadcasts as well. It would be nice if this happens,” revealing his anticipation for activities in Japan.
At the question of whether Kim Jaejoong forgot his Japanese due to the halt on his Japanese actitivies, Jaejoong replied with a smile, “Everyone doesn’t know this but I’m using Japanese a lot.” When asked about the other members’ Japanese skills, Kim Jaejoong cutely said, “Aside from Junsu, everyone’s doing okay. Junsu’s Japanese has dropped to the level of a 2 and a half year old’s” and “it’s because he doesn’t use it, really!”
Kim Jaejoong released his first solo album ‘I’ on the 17th and will hold two concerts titled ‘Your, My and Mine’ on the 26th and 27th at Kintex.
Source: The Star Chosun via Nate
Translated by: @ohmyjunsu
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[NEWS] JYJ Won – Tokyo District Court ordered Compensation from AVEX
(Seoul Union News) On the 18th, Seoul District Court sentenced an order to AVEX, management agent of Korea’s popular group JYJ in Japan, to prohibit the agent’s right to monopolize the management of JYJ in Japan. AVEX was also ordered to pay 660 million yen (7.36 million USD) as reparation to JYJ’s Korean management company, C-JeS.
In addition, AVEX must pay 1 million yen (11,000 USD) as damages to the representative of C-JeS for defamation charges.
C-JeS side commented, “Japan Court’s acknowledgement of the interference of AVEX in JYJ’s activities in Japan and ruled to prohibit such actions made us very happy. With this ruling, JYJ hopes to resume their activities in Japan as soon as possible.”
While they were involved in the lawsuit with former Korean management agent SM Entertainment, JYJ signed a management contract with AVEX via C-JeS in Feb 2010. However, when AVEX disagrees with C-JeS on the scope of JYJ’s activities, AVEX began to claim that the representative of C-JeS is linked with doubtful groups (mafia, gangsters) and one-sidedly terminated all JYJ’s activities in Japan in Sept 2010.
C-JeS requested for terminating the exclusive contract with AVEX but, AVEX insisted its right to the exclusivity of managing JYJ in Japan and rejected this request.
Japan Source: Yahoo Japan
Translated by: Helly of JYJ3 + Jen_BabyLove
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SM and Avex’s all efforts to paralyze JYJ have ended in vain. The textbook example of vicious entertainment firms’ tyranny, SM and Avex must not continue their predatory behavior according to the judgment.
SM and Avex have been behaved as a powerhouse based on their capital power, which was clearly exposed during the lawsuit with JYJ. Like gangsters, they have controlled the mess media, enfettered their entertainers, and, if those entertainers don’t act as they demand, try to sink those entertainers deeply down. All these are now known to most. Their malicious and mean behaviors frankly speak volumes about greedy large entertainment firms.
JYJ Thwarts Mean Attacks from SM and Avex
Pointing out SM’s problems and getting out from it, JYJ have been in hard times. It was out of great courage to point out the long-term contraction, so-called Slavery Contraction. This historic action by top group TVXQ served as an opportunity for the Korean entertainment industry to correct its absurd and irrationality. In this sense, JYJ deserves praises.
Against SM who made a contract that gave thoroughly disproportionately high advantages to the firm, JYJ has challenged to lead the contract into more rational way for more than 3 years. And JYJ has been driven into a situation in which the group was unable to appear on TV. They were not only putting restrictions on TV activities but also criticizing and maliciously disturbing JYJ. Their behaviors were dirty and shocking.
If it had been not for JYJ and its fans’ power, it would have been rarely possible to gain winning from the large firms like SM. Myriads of fans have been firmly supporting JYJ and JYJ, gaining courage from fans’ support, has astoundingly paved its own way without bending its knee.
[Trans] Trial court with Avex and C-Jes over JYJ’s exclusive contract
Tokyo District Court – January 18, 2013
(Judge reads Main Text)
Avex – defendant
C-JeS – plaintiff
1. Avex should not circulate any documents or verbal notice to any 3rd party in case JYJ Kim Jaejoong, Kim Junsu, and Park Yoochun hold activities in Japan since they do not hold exclusive rights to manage JYJ in Japan.
2. Avex will pay c-jes, 665,957,108 JPY (~7.4 M USD) as compensation for damages. Computation starts from August 2011 until present and with interests.
3. Avex will pay 1,000,000 JPY to Baek Changu for defamatory action.
4. All lawsuits are dismissed.
5. For Court costs throughout the whole trial, cjes will pay 3/5, Baek will pay 1/5 of c-jes’ 3/5, Avex will 2/5 as well as pay for costs of Sumo Association.
Source: onotoshiroudesu
Note: This is a follow-up article to another titled: K-Pop Group Under Threat also from Asia Sentinel
Korean pop group JYJ gains freedom, pointing the way for other groups
After a three-and-a-half year struggle, the phenomenally popular K-pop group JYJ has finally won its campaign to free itself from SM Entertainment, South Korea’s biggest talent management company.
The settlement, in closed-door arbitration, leaves SME and other Korean impresarios facing a rear-guard action to preserve contracts made with other unwitting adolescents in their stables that usually run well beyond a decade and longer.
The members of JYJ, Kim Jaejoong, Park Yuchun and Kim Junsu, had been caught up in a 13-year iron-clad contract that left virtually no possibility of being paid commensurate with their previous earnings as three fifths of Asia’s premier pop phenomenon DBSK/TVXQ, which they left to form their own group.
The JYJ legal wrangle with SME actually ended to all intents and purposes some time ago. JYJ filed an injunction to invalidate their contract in 2009, which the court accepted so that JYJ could continue to work and conduct independent activities. In April, 2010, however, SME sued to clarify the validity of the contract. The court ultimately affirmed JYJ’s side and further ruled that SME was to pay a fine for each known instance of interference in JYJ’s career activities, which were many and varied. In the meantime, despite the group’s phenomenal popularity, Korea’s entertainment world cartel came down on them, effectively keeping them off the air, not only in Korea but Japan as well. Read More →
JYJ3′s Note: This is how a Japanese tabloid is reporting JYJ and SM settlement agreement and the future JYJ’s activities in Japan. It’s not the first time these tabloids share bad press about JYJ
Please remind that we have a schedule of Avex and C-JeS Entertainment Court Judgement on January 18th, Link
To the people that follow the Japanese Lawsuit, AVEX have pointed the exclusive contract of SM and JYJ as a reason why JYJ is unable to hold activities in Japan, but with the recent news of SM releasing JYJ of any exclusive contract, we think AVEX is running out of arguments to defend their position. Hopefully things will improve in Japan despite what it says on this article.
On 28th Nov, the 3 members of Korean Idol Group JYJ and its former agency SM Entertainment (“SM”) reached court settlement in Korea on the dispute of exclusive agency contracts.
Jaejoong (26), Yuchun (26) and Junsu, 3 former members of Korean group Tohoshinki, applied for temporary injunction in July 2009 on their exclusive agency contracts based on the reasons that their 14-year contract was too long and there was unfair royalty distribution.
In addition, in April 2010, the 3 members sign-on a newly setup agency and formed JYJ. This means wishes of fans for the “5 to re-group” again became in vain, and the group split up to become Tohoshinki with Yunho (26) and Changmin (24), and JYJ.
It’s been 3 years 4 months after the temporary injunction which started it all. With the court settlement this time, all law suits between SM and JYJ had been withdrawn, and both parties signed an agreement to “not interfere with each other’s activities”.
A Korean entertainment industry person talks about the future JYJ.
[Firstly, until now every media in Korea had shut off JYJ based on the “double contracts issue with SM”, leading to the members unwilling ventures into individual acting activities like drama and musical. The court settlement this time signals a complete separation between SM and JYJ, and although Junsu has dreamed of standing on stage as Tohoshinki again, the possibility of 5 members grouping-up again disappeared. However from now, the 3 members JYJ will be able to hold concert activities and TV appearances as JYJ. Of course, it will also be possible to release new songs]
If this is true, their activities in Japan will be something to look forward to. However, it’s a bit complicated.
[Now, JYJ has an ongoing dispute on contracts in Japan. Before this is settled, their activities in Japan will be impossible……] says someone in the music industry,
In actual fact, events planned by JYJ last year in Japan faced cancellations right before the scheduled dates continuously. The court decision will be out in January next year, but there is high possibility for an appeal. The trial looks likely to drag on. It may not be possible for JYJ to hold activities in Japan for the next few years until this is settled.
Source: Jyosei Seven (20th Dec 2012 issue) via news-postseven
Translated by: @Jen_BabyLove
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Agreement reached with SM
Agreement….. It’s difficult to truly grasp the correct meaning of this word at this point of time.
Looks like we may have to wait and see for a while more.
At this moment I want to stop writing carelessly about this.
But I would want to perceive this as something positive.
Instead of reaching an “agreement”, I think we should take this as “being liberated”……
how about that?
To the guys, it doesn’t matter if the word “agreement” or whatever is being used….. the fact is
that they have been liberated from the troublesome matters now
Whatever happens with SM, the guys are only looking at what’s in front of them now
Because in the heart of this “future” that the guys see in front of them, SM etc no longer exist
Fact…. Whatever SM tried to do, they could not stop the guys from gaining success…… And
with this behind them, next year will be a year when the guys will be able to jump even higher…..I am so looking forward to this just thinking about it
I look forward to the guys spreading their wings flying all over the world however much they like.
And so how about Japan?…… Many of you have asked me that….
I take a positive stance to this….. Let me just write this only.
Source: Hayato San’s Blog
Translation Credit : @Jen_BabyLove
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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”.
JYJ filed an injunction to clarify invalidity of exclusive contract in 2009, and the court accepted this so that JYJ could have independent activities. After this, SM filed the lawsuit to clarify validity of exclusive contract and claimed compensation for damage in APR 2010, and JYJ also filed the lawsuit to clarify invalidity of exclusive contract against this. However, the court favored in JYJ’s side after rejected SM’s objection against JYJ’s injunction and ordered indirect order to pay for its interferences in JYJ’s activities.
Chang-Joo Back, CEO of C-JeS Entertainment, added that “We always thought that this was a winning game since the court accepted JYJ’s injunction[in 2009]. The current disturbance happening to JYJ’s activities are not about legal disputes, but being a David and Goliath contest, therefore, we do not think that our plans will be dramatically changed after the ruling”.
He continued, “We are walking the path that only JYJ can do and also will continue as we planed in the future. We hope that this agreement would make improvement for some cases which were regulated by way of making excuse from the lawsuit. Also we would like to express our sincere appreciation for fans in Korea and abroad, who send everlasting support for JYJ so far”.
Original Link: Osen
Translated by: http://dedicatee.wordpress.com
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