Archive for November 3, 2009

I think if there are people who knows and understands DBSK’s situation and feelings right now, it’s the members of Shinhwa. It’s so sweet of Andy to encourage our boys to keep fighting and to stay together. They really needed that. And just like Andy, we wish to see DBSK on stage again and it would be even more great if they do a concert with Shinhwa.

Andy, “With TVXQ, want to stand on one stage”

Popular group Shinhwa member, Andy showed both his sympathy and affection towards his junior group TVXQ.

Andy who already released two independent solo albums recently has an interview with Asia Economic Daily. “I know what DBSK members have been experiencing these days must give them a little bit pain. As their friends only be able to see, it’s a shame. I wish the case will be ended through an amicable settlement which won’t hurt any parties.” he said.

About TVXQ members who have been involved in legal battle with SM Entertainment, “I’m not in the position who can say right or wrong or judge someone to be good or bad. It’s difficult to give opinion about what’s happening.” however, “What every singers need to do is to stand on the stage. I hope they won’t lose their will and determination. I hope they would think about their fans more than anything.” he revealed his own thought.

Then on, Andy recalled, “Back then, when we (Shinhwa) all gathered and saw TVXQ, ‘Those fellows are so cool. It’s frightening.’ We never have the same thought like this before. We all acknowledge TVXQ’s powerful song performance is really scary. That’s why, to see them coming in this kind of situation, I’m shocked and sad because I could not even imagine it,”

Each member of Shinhwa has their own solo activities, but so far there’s no conflict arises as Andy said, “We’re trying hard to stick to each other rather than being greed off! You must respect even small things, so that you won’t lose the big one.”

Andy closed the interview by saying, “When later on Shinhwa could regroup again, we want to stand together with TVXQ on one stage. We don’t mind if people compares us, because we’re now stronger than we were before and we’re ready to get our victory, it’s not an impossible job to do. It’s not a shame to think a possibility of performing in showing a beautiful stage. Therefore, I really want to see TVXQ coming back again.”

source: asiae + dnbn
trans: sharingyoochun@wordpress

Turns out that this interview and the supposed FULL INTERVIEW (which I did not post anymore since it was not from the three members) that came out today have never taken place.

nocutnews

nocutnews2

[Credit: as tagged]

I’m actually happy that the interview did not take place in reality (not totally fake but did not come directly from JaeChunSu, thus it is questionable) because at least (I assume),  they still haven’t pulled out their investment from CreBeau. I really don’t wish for them to do this because I know they have given so much effort in investing on it so even though it is the excuse that SM continues to use against them in this whole dispute, I want them to stay with it. I don’t want their efforts to go to waste. Add to that, having been unpaid by SM since February of this year and no activities as of the moment, I bet the only income they have comes from CreBeau (and probably from their Japanese activities, but we’re not sure of that).

Here’s a copy of the full document of the ruling of the Seoul Central District Court regarding the dispute between JaeChunSu and SM. It was posted in DNBN to have a clearer understanding of the Court’s ruling. It’s kinda lengthy so I suggest you should make sure you’re not in a hurry if you’re gonna read this:

courtdecision

Source: DNBN
Shared by: ONETVXQ.com

And here’s a summary by pinkwings@ONETVXQ:

Summary of the Judgment of JaeChunSu’s Petition for Preliminary Injunction to Void Exclusive Contract

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”

[b]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

Finally, Cassiopeia releases a statement in response to SM’s press releases yesterday against JaeChunSu. Here’s a summary of it:

TVXQ Fanclub Says, “Stop actions trying to divide TVXQ!”

TVXQ’s fanclub Cassiopeia has expressed their official stand on SM Entertainment’s press conference.

On the 2nd of November, they have stated their official standpoint through a fansite.

Cassiopeia expressed, “Everything, excluding the words directly from TVXQ, we do not believe, and we would like SM to stop trying to divide the fans by causing confusion/chaos.” and “We are very disappointed, and saddened with SM by saying those statements were by Yunho and Changmin, and also with the press conference. The reason for this lawsuit is because of the 13-year slave contract, not because of the cosmetic business. With the court’s decision released on the 27th, SM is to not interfere with the three members’ own/individual activities, and would immediately like for SM to stop with their actions on trying to divide the TVXQ members.”

At the same time, with the release of Yunho’s and Changmin’s statements, suspicions were roused among the fans. Many questions were raised, like the position of the signature and name, and the doubt that it may not be handwritten. Conflict between SM and the fans will seem to continue from this point on.

Source: Sports Chosun
Translation: 2MY @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!

And here’s the translation of the official statement:

We 800,000 Cassiopeians would like to announce our official view in this statement. With accusations and allegations flying everywhere, we announce this in order to show the fanclub’s official standing on this matter. This statement is made by union of numerous DBSK fan cafes and we present this in the name of Cassiopeia.

First of all, we would like to say that, as fans of DBSK, we support DBSK and will not do anything to betray their trust in us. We will not trust anything besides words that come out of the DBSK members’ mouths, and we ask SME to stop actions that are intended to confuse and divide the fans.

We Cassiopeians are very disappointed in SME for holding press conference and releasing signed documents in the name of Yunho and Changmin. As the management company of DBSK, SME must not forget their job and must stop their actions intended to defame the members of DBSK and break the group apart. Also, according the the court ruling made on the 27th, SME must not make deals with third parties in the name of the three members and cannot interfere with individual works or those members. Please keep the court’s order.

To everyone who is reading this statement, please remember: the members did not take legal actions because of the issues regarding the cosmetics business. They started this lawsuit because of illegal contract length of 13 years. We fans do not understand why SME is silent about the issue of the contract length and is trying to focus everyone’s attention on the cosmetics fiasco. The goal of this lawsuit was to nullify or edit contract between SME and the three members, and we believe that they did not intend to end DBSK or move onto another management company. Also, we would like to address to reporters who sensationalize and create rumours related to this press conference. Please be careful with your sources.

We would like to ask SME one more time to not make the three members’ reputation and rights suffer with claims that have never been proven, and we would like to ask the citizens of Korea to stop creating rumours and defame DBSK. We would like to show our condolences toward this controversy.

As Cassiopeians, the fans of DBSK, we will keep our attention focused to the future actions of DBSK and SME. We will continue to side with DBSK. DBSK and fans never doubt.

– November 2nd, 2009, Cassiopeia, the fanclub of DBSK

[Taken from an article @ Allkpop]

SM should be thankful that Cassies are still calm about this or at least their statement is still civil. I suggest SM stop testing the limits of DBSK fans because SM might just end up dead one day.

In your face, SM.

pcjstatementvssm

[Credit: as tagged]

Yes, SM is definitely digging their own grave.

I can’t wait to see what happens in this concert. And let me tell you, this is not the usual reason why I feel excited to watch their concert. After all that has happened yesterday, probably his concert and everything that will take place can shed some light of what really is happening with the boys’ relationship with each other. I’ll be anticipating this concert.

TVXQ’s Participation in the Concert at Shenzhen, Last Stop for the Tour

Confirmed: TVXQ will participate in the concert at Shenzhen

Before the ruling, all TVXQ members had signed as a confirmation that they will be participating in the Shenzhen Concert. This event will definitely not be affected by the conclusion of the lawsuit. Kim Jaejoong, Jung Yunho, Park Yoochun, Kim Junsu and Shim Changmin had all participated.

Regarding Kim Jaejoong’s, Park Yoochun’s, and Kim Junsu’s ability to choose their own activities, we have contacted the relevant person in-charge in SM Entertainment; the responsible person said that all five members of TVXQ have deep feelings towards Chinese Cassiopeia. The five of them could not bear to hurt their fans’ feelings. “Last 2nd of October, at the Shanghai Concert encore stage, the whole audience (Cassiopeia) was holding “Miduhyo” cloths to express their support, and this scene had touched everyone; TVXQ is not an exception. All five members will participate in the Shenzhen Encore Concert.”

Confirmed: Shenzhen Concert, last stop for the tour

Since the Shenzhen stop was decided by both sides before the verdict had been signed, the performance will not be affected, regardless of the outcome of the court’s decision. TVXQ will bring a full line-up scheduled appearance in Shenzhen to the Chinese fans, bringing the most exciting concert encore.

Regarding the rumours indicating that there would still be Chengdu, Guangzhou and Nanjing stops after Shenzhen, the company stated that “TVXQ’s concert in Shenzhen to be held on the 21st is definitely the 3rd Asia Tour final station. They will perform a complete line-up, and paint a successful closing for the 3rd Asia Tour.”

Source: baidutvxq
Translation: honeyiceblend/nings @ OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }