This is old but I want to share with you guys.
HanKyung ex-member of Super Junior
On Wednesday 22nd December 2010,
Yesterday, HanKyung won the case. Some follower asked me ‘Is there any hope for JYJ? can u pls let us know?’
I don’t want to write this.. Because I don’t tell the result before the judgement come out.
And it is hard to write in English because there’re too many Korean legal words.
(I tried to interpret it in English easily.
But it’s still too difficult to understand….ㅠㅠ
I just want that it helps to understand the issue and alegal basis easily..)
Hankyung who is a chinese member of Super Junior win the case which he sued SM for losing an exclusive contract. SM still in legal dispute with JYJ who are ex-members of TVXQ reveals an official position. SM told “It’s an unconvincing judgement” and “we are going to appeal against a decision.”
Yesterday, concurrence of civil case 30th in the Seoul Central District Court’s decided in Hankyung’s the plaintiff. The justice department decided “The justice confirmed that an exclusive contract on Jan. 2003, a modified contract on Feb. 2007 and an affiliated contract on Dec. 2007 are nonexistent.” But SM revealed to appeal against a court so it’ll be going on the legal battle. What are issues in the exclusive contract?
In petition which was submitted at the end of last year, Hankyung argued
“Because of the contract that requires duties to give a cancellation charge, I had to work hard when I was sick.” and “For 2 years, I had too tight schedules so I didn’t have a rest at all.”
And as a contract between SM & Hankyung, SM held a prominent position and terms of contract were too long (13years after released 1st album), the revert of right, and rules to divide the profit was lost a balance. Therefore, Hankyung protested about nullity of an exclusive contract with SM.
It is very similar to JYJ.
It seems that JYJ’s contract is more unfair than Hankyung. (I read TVXQ’s contract and naturally I request to read it for my friend as a lawyer.)
SM pleaded ‘the rules of freedom of contract’…
what is that rule? If to form a legal relation by a contract don’t apply a legal limitation, contracting is completely to assign each person directly involved in the contract and the court also accept to the conclusion of that.
If you read from here.. you’re worried about lose the case…
But it’s not all…
There is a huge article of law encompassing other articles.
An article 103th, of Civil law.. what is the contents of the article?
the juristic acts to discuss a good custom and others to violate a social order have to annul.
We called it… the article as a last bastion.
It seems to be general. But in fact, it is strong and has wider applications because it’s a generic article.
A good custom means a minimum moral law to keep all nations. And social orders mean general rules to keep all nations for the preservation of order. As a result, the social orders are naturally including a good custom.
Originally Civil law respects personal opinion but control it when it was over the line.
This article does.
when is the criterion to judge whether it violates social orders or not? At that time, it was the time to contract. whatever the reason to become a change the circumstances later, the then contract is the criterion to judge. If it applies JYJ, it become on Feb. 2009. but it also considers the first contract in 2004.
What is the violation of a social order? Applying JYJ, a general content of contract is not a violation of a social order. But it is forced by law and then it’ll be a violation of a social order. For examples… an excessive penalty for breach of contract, to limit a personal freedom.
And then what is the conclusion? the conclusion to violate social orders is invalidated the contract. This is unconditional. So nobody can protest the available.
From here, they are the contents of Korean Civil law. So it’s difficult to understand… (Me, too… I think I understood it, but after writing this and read it again.. I don’t know I translate it correctly.. It’s too difficult to translate..ㅠㅠ)
Many legal experts of fans on our side (means a side of JYJ) told…
In Korea, some judgement take several years to the end.
Needless to say, JYJ will win the case…
Undoubtedly SM will appeal against a court like Hankyung.
As Hankyung is chinese, he don’t have to work in Korea and don’t feel uncomfortable.
But JYJ is Korean. They have to work in here, that is, they have to bear a disadvantage from vested rights.
If the trial takes too long, the time to bear will become longer. And JYJ will be tired. Many experts say that SM will seek the time to be tired.
If JYJ is tired to the trial, SM will come to an agreement easily. There was an example as I told here.
So many Korean fan.. especially JYJ fans wish that they’ll be untired. As you know, they’re so tired, now… We’re just worried about that they’ll become weaker..
Full Credit: The Youngest Min
Shared by: JYJ3