[LINK] This is most reasonable and logical explanation of Kris' issue against SME... Please do take time to read!!!!!

 

CREDITS ALL TO : http://do-r-kyungsoo.tumblr.com/post/86182606708/kris 

A Holistic Approach of Kris’ Case

This analysis is done by persons with medical, accounting, human resource development backgrounds. The elaborated aspects which going to be discussed also includes law and media analysis.

The first outbreak news from SINA (chinese portal news) stated “Kris filed a lawsuit against SM Entertainment and the lawsuit is similar to Hangeng’s case, who left Super Junior after nullifying his contract”. Let me emphasize the odd part of this statement:

1. In order to file a lawsuit in Korea, the presence of Kris is truly required when submitting the lawsuit request. However, the news outbreak appeared when Kris is in Beijing, claiming Kris has submitted the request. And the Korean court confirmed that they have received it 2 hours later. This statement does not make any sense. If Kris was in Beijing, who submitted the lawsuit request? No lawyers and representatives were allowed to do that, according to Korean law. That’s totally a big question.
2. “A similar case to Hangeng’s” has been quite ambiguous. What kind of lawsuit did Kris submit (if it is really him)? How similar is it to Hangeng’s case? Is it really about contract termination? Let us remind you, lawsuit does not always mean contract nullification. It can be anything else.

From those statement above, we need to rethink and don’t absorb the news completely. This statement has already drawn a misleading commotion, making people think Kris really filed a lawsuit regarding contract nullification.

The Korean portal news, however, stated “Kris is facing a financial problem”. What kind of financial problem is Kris facing if he could own a limited edition of air jordans? This statement is truly ridiculous in a way that EXO has sold so many albums that could afford expensive kicks like air jordans.

Let us remind you of how SM never published their financial report to public. It is an obligation to every company to release a financial report to public. Here is the example of what kind of financial report they have to publish: (click here 1 | here 2)

What is the purpose of publishing this? It’s for company transparency. The one that ever came out to public was like this and it was not released by SM itself: (click here). Every company must have this on their official website

SM is facing a tax evasion case and it has never been elaborated well in media how far the severity of tax evasion case is. The news is always covered by SM’s artist dating issue, driving people’s attention away from tax evasion case.

Why did we point out the tax evasion and financial report? When a company does not publish the financial report, there is definitely something going on in that respective company.

Then came the news of Kris’ sickness. There is one hospital in Beijing which released Kris’ medical report. The medical report should never been released under patient’s consent. The paramedics are never allowed to publish it anywhere else and keep it a secret. So what does this mean? That means the paramedics released it under Kris’ consent. In other words, Kris was letting his medical report to be released. What’s the purpose of Kris doing this? That’s another big question.

According to his Medical Status, Kris is apparently suffering from Myocarditis. It is an inflammation of heart muscle which may occur secondary to variety of cardiac diseases, thoracic or systemic disorder, or metastases of neoplasms in remote sites. In other words, Myocarditis may appear due to presence of previous disease or infection. It is considered to be as severe as a diabetic complication.

His blood test result shows elevated CK and CK-MB level, ruling out the possibility of Myocarditis. However, this finding must be accompanied by elevated cardiac enzymes titer and physical examination to support the diagnosis.

Many cases of myocarditis are bit clinically obvious and patient with myocarditis should be monitored closely to prevent the progression to congestive heart failure.

So what is the correlation between SM’s tax evasion case, Kris’ medical findings, the so-called financial problem and the odd lawsuit? Let us elaborate this into one logical explanation.

Kris was unlikely the one who submitted the lawsuit request, considering how he is under medical control in Beijing. His medical condition prevent Kris to fly back to Korea. The doctors will not permit the flight until Kris show a better condition. That leads to our first question, who was submitting this the request under Kris’ name? The lawyer will never be able to submit the request.

Kris took a flight to Beijing after doing a schedule in Taiwan. The rest of EXO were going back to Seoul while Kris was heading to Beijing. The question is, why must Kris fly back to Beijing? If he was sick, why didn’t he get treated in Seoul?

Next question, what kind of financial problem did Kris really face thus filing a lawsuit? With all air jordans collection, we will surely doubt Kris is facing a financial problem. If there is ever a lawsuit, what kind of lawsuit did he ever file? Let us think about Kris’ current condition. Myocarditis is something arising from previous disease. In other words, Kris has been suffering one disease in a long time and did not get a proper management and treatment back in Korea, leading him to get Myocarditis.

And one grand finale question, why must SM never release his financial report to public?

These questions lead to one hypothesis, all Kris begged to SM was his adequate health benefits. Beside wages, Health Benefits is one of the worker’s rights instrument. The International Labour Organization has made a proper guideline of working time, wages, occupational health (includes health benefits), and many labour’s instruments. Judging from Myocarditis occurence, the previous disease which Kris suffered from was not treated well.

Kris seemed to ask for a proper treatment and his share of health benefits to SM. However, there was a higher chance of SM disapproved his request. Think about the tax and profits! If SM approved Kris’ request, there’d be more expense hence the tax which SM has to pay to the government will also be higher. You may think this will never affect SM’s expense but please think about the other workers. If Kris’ request is approved, it will lead to all SM employees to demand the same thing to SM. The other employees will demand the exclusive treatment as what Kris would receive. Hence the total health expense will elevate, so will the tax.

It is humane for Kris to take a medical leave to Beijing, where he will be treated properly by his family and he will use his wages for treatment instead. Remember, health benefits and wages are two different things. Health Benefits is like an additional and conditional wages you will receive from the company as part of their workers. The disease does not have to be related to work in order to receive Health Benefits. The core family members of the worker may also receive the Health Benefits. Mostly, a company will appoint a specific hospital for the workers to get treated thoroughly. They even provide a medical check up for the workers. If Kris had to go to Beijing, then we should think ‘was the Health Benefits which Kris received adequate?’ If Kris’ disease has progressed to Myocarditis, did he ever get monitored from the appointed hospital and receive a proper medication?

SM is having a tax evasion case in which we didn’t know the problematic aspect is. It has never been elaborated well in the media hence we did not get the picture. Let’s say if the problematic aspect has nothing to do with employee wages and health benefits. If Kris is being vocal about his insufficient Health Benefits or how his rights as SM employee were violated, the worst case would be SM will receive a more thorough auditting. The government will start to review all employee’s contracts and ask the employees if they received the same amount as being stated to the contract. And if the contract does not follow International Labour Organization’s guidelines, it will count as corporate violation and the worst case would be SM’s corporate license will be taken away.

Clearly, SM would prevent this from happening at all cost. One of the way to do it to never let Kris speaks up. SM is the one which controlled the media so by the time Kris is truly disabled, they will start their victim card tactic. Kris’ absence due to myocarditis is the best moment to do it since it will be a lot easier for SM to release a news about him being the one at faults. What could be better timing if it is also accompanied by the concert date? Everyone will definitely pity the other boys to work hard for concerts and redo everything since Kris’ absent. SM uses the rest of EXO members to play their victim card. They will make people see the rest of the boys as “SM”, whereas the fight itself is about “SM workers (which includes EXO) vs SM”. SM’s public relation division seemed doing a great job about it, especially when the rest of the audience are teenagers hence pulling a social media drama was easy to be done. This prevent people to read between the line, especially identifying whose battle is this.

SM has done a thorough market research. Just by triggering a fire, the fire will get bigger in no time. In other words, the fans themselves who made everything worse.

The fall of SM’s stocks due to Kris’ issue has already seen by SM. It is a temporary fall that SM knows how to lift it. They have prepared their new bullets to rocket the stock; SM Rookies. Since SM’s target are teenagers, debuting SM rookies will still can get hold of SM’s profits. There’d be more bullets to come for targets to be shot at.

Most of SM’s shareholders consist of SM workers themselves. That means, EXO have their rights to get a hold of their company. They have rights to be a part of decision makers. The question is, do the boys understand completely what are their rights as shareholders? If they understand their rights, they will absolutely fight for their decision and there’ll be another Kris’ cases rising. What does this all means? Kris seemed to understand completely the rights of workers and shareholders hence SM prevented him from being vocal. What if what Kris fights is more than just his rights? What if he stands up for all EXO members’ rights?

The purpose of Annual Financial Report’s release is to report these to public and shareholders. It seems to be logical if SM never want to release the financial report since they don’t see the point to release it to their workers and artists themselves.

Then came the suspicious lawsuit. Although the demand letter can be made by the attorney, the presence of Kris is also needed when submitting the demand letter to the court. How come this court happened in the middle of Kris’ absence? When filing a suit, the offender also needs to attach his intelectual property plus the defendant’s assets. How did Kris retrieve all SM’s assets if the Annual Financial Report has never been released?

This makes an impression of SM is the one who set themselves as the defendant and Kris as the offender, making Kris as their scapegoat, especially when Kris’ attorney is Hangeng’s attorney. SM pretty much acknowledges the attorney and it’ll be an easy way to pull a scenario together with Hangeng’s attorney. In other words, Kris is being puppeted by SM.

What’s the purpose of Kris letting his medical status to be released? The release of medical report is not only indicating Kris’ medical condition, but also the way Kris wanted to inform us there is something going on in SM. Kris can not possibly hold a press conference since all media is under SM’s control. There will always be a one-sided news coming from SM party.

And if there will ever be a third party in a form of chinese entertainment company who wants Kris there, they will never be able to pull such a plot since they didn’t know exactly SM’s assets.

In conclusion, you must think clearly and wisely before digesting all media statements since media is always siding the party who pays for the news to be released. Do not ever fall for SM’s tricks to believe this fight is about “Kris Vs Ot11 (or SM)”. Since the fight is about violation of employee’s rights, the battling parties are actually “EXO vs SM”.