READ THIS NOW!!!!!!!!!!!!! (Pt. 2)

"I have been reading many theories about the law suit filed and there has been assumptions on how this is just a suit for Civil damage and that Kris is not leaving EXO but is only asking SM to pay for civil damages. Although I am no big shot, I have just finished law school (studied it for 5 years) and so, I wanted to clear some things for those following this news. I will try my best to explain in plain language and not use legal language. It is long but please do read so as to know what the ‘law suit’ that Kris has filed against SM Entertainment is actually about.

Yes, a law suit is filed under the civil law (Civil law is non criminal in nature) and it is filed by a party who may have suffered loss and hence wants to be paid for it BUT it is also filed to enforce a right or to grant a permanent or temporary injunction (Injunction meaning to stop). Now, I DO NOT know what is the truth but if you all noticed, the Korean media as well the representative of the law firm that is representing Kris are using the words “nulify/nullification”. By the language of law, this means to make something legally null and void i.e to cancel out (Void means not valid or is not legally binding). So, if I were to interpret by those words, I would say Kris is trying to prove that the contract that he has with SM entertainment is not valid in the first place. Here is what I am assuming Kris’s lawyers will take as a defense besides the denial of civil rights (civil rights are rights that protects a persons individual freedom so those rumors about SM not allowing its artists to take sick leave etc can be used here), the lawyers of Kris will be trying to prove that Kris was a minor when he signed the contract. Kris is now 24 years and he has been with SM for the last 7 years so that means he was about 16/17 when we entered into a contract with SM Entertainment. The law states that a minor cannot enter into a contract. The age of a minor in South Korea is 19/20 and the age of minor in China/Canada is 19. Now, since SM entertainment is based in South Korea, the law of that country will be applicable. Some sites say that the age of minority in South Korea is 19 and some say its 20 but whatever may be the case, Kris was a minor when he entered into a contract. People from law background or who knows little bit of law would now say that Kris could have entered into a contract through his mom meaning his mom must have signed a contract under his name and that is valid in some countries but not in South Korea. Under the Article 65 (Labor Contract) of the Labor Standars Act of the Republic of Korea (South Korea), it says that

(1)Neither parent nor guardian shall enter into a labor contract on behalf of a minor.

(2)Parent and guardian of a minor, or the Minister of Labor may terminate a labor contract, if a labor contract may be deemed disadvantageous to the minor.

So, Kris’s mom could not have entered into a contract with SM Entertainment even if they wanted to and in case a minor did enter into a contract, it is possible to end the contract. The question here would be if entertainment industry can be considered as a labor industry. I am assuming it can be as there is skill, talent involved.

Hence according to me the lawyers of Kris are trying to use this as one of its defense while fighting against SM entertainment. I repeat, I DO NOT know the contents of the suit so I cannot comment on that but if we are going by the words of the Korean Media and the representative of Kris’s Lawyers, Kris is trying to nullify his contract with SM which means that he is trying to prove that the contract was not valid in the first place.I AM NOT TRYING TO SPREAD ANY RUMOR but this is my observation.

I tried to explain details so that non law background people would understand it too but in case of any doubt, you can ask me."

--- credit: http://struckbyastar.tumblr.co...

 

I'LL BE INVESTIGATING FURTHER!

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