A lawyer’s thoughts on the lawsuit between the three members and SM Entertainment.
100630 Park Chan Jong “It Is Essential That SM Concedes To Settle The Case”
With three members of TVXQ, YoungWoong Jaejoong, Xiah Junsu and Micky Yoochun filing an exclusive contract invalidity confirmation and unjust enrichment restitution lawsuit that demands a three billion Won compensation, and SM Entertainment stating that they will strongly take action against this, it seems that this case seems to be growing rapidly instead of being solved.
And amidst the fearful voices being raised that this case could negatively affect the Hallyu Boom, Lawyer Park Chan Jong lamented about the unfortunate nature of this situation and stated, “‘TVXQ’, who is known so well overseas, is an important cultural asset that our nation must protect and nurture. It is a tremendous national loss that ‘TVXQ’ has been unable to perform in an amicable environment since the group’s dispute with their agency SM began in July, 2009.”
And regarding the root cause, Park Chan Jong diagnosed that, “The case started because of the ‘slave contract’ signed between ‘TVXQ’ and ‘SM’ that is made of extremely unequal clauses such as one that makes it basically impossible for ‘TVXQ’ to cancel the contract.” He also revealed that, “Because this contract was signed when ‘TVXQ’ were minors under the age of 19, ‘SM’ could be legally held responsible for ‘Crime of Unjust Enrichment (Clause 349)’ and ‘Crime of Fraud (Clause 348)’ against minors.”
On the other hand, TVXQ filed for an exclusive contract validity suspension injunction last July, 2009 against SM, and following this, SM filed a 2.2 billion Won compensation lawsuit against the trio as well as an objection to the verdict made regarding the injunction. Afterwards, the TVXQ trio filed a lawsuit against SM on June 28, 2010 demanding that the agency pay each member one billion Won for a total of three billion won.
Lawyer Park proposed three alternatives for an amicable solution to this case.
First, the individual activities carried out separately as three members and two members due to the lawsuit must stop, and TVXQ must return to its original five-member status.
Second, SM essentially is responsible for and is the root cause of this case. Therefore, SM must become the forerunner in finding a solution to this case.
Third, haven’t the Courts recognized that the exclusive contract of ‘TVXQ’ is an unequal one? Therefore, ‘SM’ must not be taking action with a lawsuit of their own, but should instead be conceding and showing the initiative that they want to settle the issue.
Following this, he said, “The many domestic and overseas supporters who love and care for ‘TVXQ’ truly wish to see the members performing together as five again as soon as possible,” and “I hope that ‘SM’ does not disappoint the hopes and dreams of these people.”
Source: [STV+Yuaerubi]
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