Seoul District Court dismissed SMEs cases against JYJ

This is the full text of press release from Sejong Law Firm regarding the court’s decision to dismiss all cases filed by SME. This was released today, on February 17, 2011. Now the broadcasting companies cannot use this provisional injunction as their excuse to keep JYJ from air!

Now, get your ass on the national television JYJ♥ 공중파로꺼져♥

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1. On February 17, 2011, the Seoul Central District Court has dismissed

1. SM Entertainment (SME)’s objection against the provisional injunction that Jaejoong Kim, Junsu Kim and Yuchun Park applied, and 
2. application for injunction to terminate their contract with C-JeS Entertainment. 

The court (Seoul Central District Court Civil Cases Department 50, Chief Prosecuting Officer: Seong Joon Choi) dismissed an objection against JYJ’s provisional injunction, and SM’s injunction to terminate their management contract with C-JeS Entertainment.

2. Court clearly confirmed again that its decision, that the former contract between JYJ and SME is invalid, thus JYJ shall be fully assured of independent activities in the entertainment business, is legitimate. Moreover it is confirmed that SME cannot hinder JYJ’s entertainment activities insisting on the validity of this contract.

(1)  SME insisted that the court’s decision (that SM cannot hinder JYJ’s independent activities in the entertainment business) was illegitimate and applied for a provisional objection against it.

Regarding this, the court decided that ① this case’s exclusive contract is ‘a subordinate exclusive contract’ because the artists could not claim their rights in the decision-making process and only had to follow the management’s unilateral directions, ②JYJ had to obey SME’s measures because they were in unilaterally inferior position than SME in negotiation, ③ this extremely long subordinate exclusive contract cannot be justified under any circumstances such as overseas expansion or a decrease of investment risk and ④ it is invalid not only on the account of exceptionally long term of the contract but other clauses such as interference in JYJ’s every action and excessive penalty of breach of the contract.

(2) Also regarding SM’s provisional injunction to terminate the contract between JYJ and C-JeS Entertainment, the Court judged that: ① since it has been already established that SME cannot hinder or interfere with JYJ’s independent activities in the entertainment business according to the court’s decision on October 27, 2009, SME’s injunction that directly goes against this decision cannot be allowed, and ② SME’s application of the provisional injunction shall be dismissed on similar grounds, making it clear that SME does not have any authorities to JYJ’s contracts for entertainment activities at the present.

(3) Therefore, this ruling reconfirmed that SM cannot disturb JYJ’s own activities or insist the validity of its contract. Because the exclusive contract between JYJ and SM has been judged invalid by the Court as well as it cannot be legally recognized under our [Korean] law.

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1. 서울중앙지방법원은 2011. 2. 17. SM엔터테인먼트가 김재중, 김준수, 박유천을 상대로 제기한 가처분에 대한 이의신청 및 전속계약효력정지가처분신청을 모두 기각하였습니다.

법원(서울중앙지방법원 민사합의제50부 재판장 최성준)은 2011. 2. 17. SM엔터테인먼트가 JYJ 멤버들을 상대로 제기한 가처분이의신청 및 전속계약효력정지가처분신청을 모두 기각하였습니다.

2. 이로써 JYJ 멤버들이 SM과 체결한 계약이 무효이며 따라서 독자적 연예활동을 보장한다는 법원의 결정이 적법하다는 점과, SM엔터테인먼트가 계약의 유효를 주장하며 JYJ 멤버들의 연예활동을 방해하여서는 아니된다는 점이 다시 한 번 분명히 확인되었습니다.

(1) SM엔터테인먼트(이하 ‘SM’)는 2009. 10. 27.자 서울중앙지법의 가처분결정(즉, SM이 JYJ 멤버들의 독자적 연예활동을 방해하여서는 아니된다는 취지의 결정)이 위법하다고 주장하며 가처분이의신청을 제기하였습니다.

이에 대하여 법원은, ① 이 사건 전속계약은 연예인이 자신의 독자적인 의사결정권을 가지지 못하고 연예기획사의 일방적인 지시를 준수하도록 되어 있는 ‘종속형 전속계약’에 해당하고, ② JYJ의 멤버들은 협상력에 있어 SM에 비하여 일방적으로 열악한 지위에 있어 SM의 조치에 그대로 따를 수밖에 없었으며, ③ 투자위험 감소나 안정적인 해외진출 등의 명분으로 이 사건 계약처럼 극단적으로 장기간의 종속형 전속계약이 정당화될 수는 없고, ④ 장기간의 전속계약기간 이외에도 SM이 JYJ 멤버들의 일거수일투족에 관하여 지휘•감독권을 행사할 수 있는 조항이나, 과도한 손해배상액 조항도 모두 이 사건 계약의 종속성을 더욱 강화하여 JYJ 멤버들에게 일방적으로 불리한 조항에 해당하여 무효라고 선고하였습니다.

(2) 또한 SM이 JYJ 멤버들과 씨제스엔터테인먼트 사이의 계약의 효력을 정지하여 달라는 가처분 사건에서 법원은, ① 법원이 2009. 10. 27.자로 SM에 대하여 JYJ 멤버들의 독자적인 연예활동을 방해하지 말 것 등을 명하는 가처분을 한 사실이 분명한 이상, SM이 JYJ 멤버들과 씨제스 엔터테인먼트 사이의 업무위탁계약의 효력까지 정지하여 줄 것을 구하는 것은 위 가처분결정에 정면으로 반하는 신청으로 허용되지 아니하며, ② 현재로서는 SM이 JYJ 멤버들의 연예활동에 대하여 전속계약에 기한 관리•감독권을 행사할 수 없다는 점을 분명히 하고, SM의 신청을 기각하였습니다.

(3) 이로써 SM과 JYJ 사이에 체결한 전속계약은 무효이고 우리 법률상 인정될 수 없다는 점, 따라서 SM이 JYJ 사이의 전속계약이 유효함을 주장하며 JYJ의 독자적 연예활동을 방해하여서는 아니된다는 점이 다시 한 번 분명하게 법원을 통해 확인되었다고 할 것입니다.

Original Article is from: joynews

trans shared by: @dctvxqgall

110217 Jeajoong & Junsu's Twitter Update

@yeojy (Prain, CEO)
그리고 비트라 코끼리. 이번엔 라임색. for J

Jaejoong

프레인의 여준영사장님께 선물이왓습니다!감사해요*^
The present from Prain's CEO, Mr. Yeo Jun Yeong has just arrived! Thank you *^

Junsu

아슬아슬 하고 위태위태했던 실을..끝까지 놓지않고 버틸수있게 도와주신 팬 여러분들..실이 살을 파고들어 피가 나고 덧나도 그곳을 닦아줬던 여러분들이 있었기에 끝까지 잡고 있을수있었습니다..진심으로..감사드립니다

thrilling and dangerous truth... to all those fans who be with us allowing us to not give up fight through the end... when the needle poke through the flesh and it bleeds and even if it bleeds, because there are those of you out there who will clean up the wounds, we are able to fight through this till the end... from the bottom of my heart... thank you very much

(8:25pm KST) Jaejoong
보이지않는 그무언가와 분명 끝없이 부딪히고 은패되는 일들이 반복될거같아요..그치만 오늘이순간 많은분들께 감사한마음에 단지 숨이가빠오르기만합니다..

it's obvious that I'm continuously hitting against something that cannot be seen and seems like things that happened keeps repeating itself. However, today for this moment, with grateful feelings towards many people, i'm able to grasp for some breath. 

source: @mjjeje, @0101xiahtic, @yeojy 

credit trans: @onetvxqforums, @inhye87

[UPDATES] Seoul Central District Court dismisses both of SME’s injunctions against JYJ

On February 17th, the Seoul Central District Court dismissed both lawsuits filed by SM Entertainment against JYJ.

To recap, SM Entertainment filed an objection on October 27th, 2009, claiming that the Seoul Central District Court’s order to prevent them from interfering with JYJ's individual activities was illegal.

The court rejected SM’s injunction objection application by stating, “The exclusive contract between SM and JYJ forces the celebrity to become subordinate to the agency without any discretion. JYJ has no option but to follow SM’s actions due to the subordinate rank they are forced under in the power of SM. A long-term subordinate contract cannot be justified by the risks the agency took in investments, as well as international advancements.”

They continued, ”Aside from the long-term contract terms, SM’s ability to supervise and direct every move made by JYJ, as well as the clause claiming that JYJ must repay for losses only emphasizes the subordinate positions of JYJ in the contract, so the injunction is invalid.”

Regarding the second injunction filed by SM Entertainment, asking the court to suspend JYJ's contract with C-JeS Entertainment, the court replied by saying that the injunction is invalid since SM Entertainment was ordered on October 27th, 2009 that they were to not interfere with JYJ’s individual activities, and their injunction was in breach of that order.

Baek Chang Ju, CEO of CJES Entertainment, commented, “We consider it a victory of truth and hope that their activities are no longer hindered by forced accusations of double contracts. We will be working hard to show only the best side of JYJ to the public. I would like to thank the JYJ members and the staff for consistently battling a tiring fight against Goliath.”

In conclusion, the exclusive contract between SM and JYJ is invalid, and JYJ’s individual activities are legal.

—

[UPDATE #1]

Representatives of SM Entertainment stated in the aftermath of the ruling, “The legal battle between SM and JYJ is not yet over. This court decision is merely regarding a preliminary injunction, this does not mean that the exclusive contract between SM and JYJ is invalid. The original lawsuit is still ongoing, and the date of pleading will be sometime in mid-March. Through the original lawsuit, the truth will be investigated, and we will be working to make sure that their contracts are still valid.”

—

[UPDATE #2]

Meanwhile, Xiah Junsu tweeted to thank the fans, in response to the ruling, “All of you fans did not let go of the dangerous and risky string and helped us in withstanding everything.. Even when the string bled through our skin and wounded us, it was because all of you that cleaned and treated us that we were able to hold on until the end.. Thank you, genuinely.”

source: Xiah Junsu’s Twitter, Sports Chosun, Newsen, E Daily, World Journal, Sports Chosun via Daum

[News] Controversy over JYJ’s late physical for military conscription? MMA says “It’s because of their stay in foreign countries”

Hope this article clears up some confusion about the recent physical JYJ had to take for Korea’s mandatory military service. :)

Recently there has been a lot of interest over JYJ receiving their physical for military conscription now in their mid-twenties.

[In Korea, men are supposed to receive their physical check-up for Korea’s mandatory military service when they turn 19 so JYJ’s recent check-up is quite late in this respect]

Men are obliged to receive the physical checkup when they turn 19 years old, but JYJ has postponed it for nearly five years, raising the controversy that they may have received special treatment for being stars of the Korean wave.

However, according to Seoul’s Military Manpower Association (MMA), JYJ postponed their physical due to lawful reasons—their frequent stays in foreign countries.

In a phone call with Daily Sports, MMA’s representative revealed, “this controversy over celebrity receiving special treatment has no basis. 3 members of JYJ’s physicals were postponed because of their frequent visits to foreign countries since they were 19 years old. “Reasons due to departures to foreign countries” can be used to postpone the physical until a person is 24 years of age.

Furthermore, they said, “the physical doesn't get postponed just because you leave Korea. If you stay in Korea for more than 60 days, you get a notification for the physical. Regarding JYJ, they never fell under such an exception.

[Meaning, JYJ never stayed in Korea for more than 60 days (never long enough to receive the notification) after turning 19. And even if they did stay in Korea for more than 60 days, long enough to receive the notification, they must have stayed in Korea long enough to act on the notification. This just gives you a sense of how busy they've been since their debut… and makes you wonder what kind of hellish schedules they've been forced to endure for 7 years]

JYJ received their physical at Seoul’s MMA on the 14th, but have no plans to enlist in the military this year. JYJ currently has a world tour scheduled during the first half of this year and Kim Junsu is currently participating in the musical, “Tears of Heaven.”

Original article: http://isplus.joinsmsn.com/article/797/5066797.html?cloc

translation by: @_withJYJ

(Trans) 110216 Park Yoohwan Reveals Older Brother Yoochun’s Bad Points

Park Yoohwan exposed his older brother Park Yoochun’s secret.

“His only flaw is that he is excessively tidy.” He said, when asked about (Yoochun’s) bad points. After thinking for a while, he said “Hmm, there really seems to be nothing,” then he laughed and continued, “Maybe he’s just perfect?”

Finally, he thought of something; he briefly explained, “At home, my brother will notice when a hair is dropped. Sometimes, when I use a cup and I leave it on the table he will tell me to clean it up quickly.” He said this, but it isn’t at the level of obsession. “His(Yoochun’s) like for cleanliness is just a little tiring,” he said.

When asked about the difference between him and his brother, he said, “My brother is more feminine and I’m more masculine,” and “My brother is good at tidying and putting things in order, and he likes to decorate the house, while he is more delicate, I just wear what people recommend, and I’m not interested in fashion. I’m a bit more cool and chic” he said.

With a manly character, Park Yoohwan, who gained confidence while acting said, “When I was in elementary school, my brother and I shared a room together. He’d always try to sleep interlocking arms with me, and it wasn’t just once or twice that I was a bit annoyed by that.”

Park Yoohwan took his first step in acting, in the MBC weekend drama “Shiny Shiny Shining.” He plays “Han Seo Woo,” the young uncle of Jung Won (Han Hyun Joo). Because he is ranked higher in the family, he is an interesting character that gets to rebuke his nieces and nephews who are older than him, but he is also laden with an emotional burden.

Source: [Innolife.net]

Translation credits: ssunsett@tohosomnia.net + jeeelim5@tohosomnia.net

Shared by: tohosomnia.net