JYJ VS SM E
Official statement of C-JES
Entertainment regarding FTC’s
correction order against SM
Entertainment
2013-07-24
C-JES Entertainment hereby announces
its position with regard to the corrective
order of Fair Trade Commission to ban
SM Entertainment and Korea Popular
Culture and Art Federation from
obstructing JYJ’s performances as
singer. (full statement of CEO Baek
Chang-ju)
I would like to express appreciation to
Fair Trade Commission which has
conducted thorough investigations for
more than three years in order to root
out unfair practices by securing
evidence to prove the organized,
unilateral moves to keep JYJ from TV
shows made by major entities in the
cultural industry, such as SM
Entertainment, Korea Popular Culture
and Art Federation and Korea
Entertainment Producers Association.
FTC’s investigations brought to light the
fact that SM Entertainment abused its
monopolistic and dominant position in
the entertainment business, forcing
disadvantages into those who do not
follow its stance on a number of
occasions, and thus violated the Fair
Trade Act. The corrective order of Fair
Trade Commission raised the alarm
against the abusive practices by
predominant players in the cultural
industry, which go against the creative
economy policy of the government.
In addition, the development of Korea’s
entertainment industry represented by
the “Korean Wave” will be sustained only
if the creativity and diversity of all
participants are respected and assured.
It should no longer be allowed that
only a few “powerful” entities wield
predominant influence across the
industry. In that sense, the Corrective
Action Order Act which was announced
today is sure to serve as the
foundation on which the Korean Wave
can take another leap forward into the
world.
As a matter of fact, JYJ had to
continue to fight unfair pressures even
after its dispute with the former agency
was brought to an agreement by court
mediation in April. It is so obvious that
JYJ still faces disadvantages, as seen
in a recent, unilateral notice from the
album distributor and JYJ rendered no
opportunity to appear on terrestrial TV
programs even after it released a new
album. This is such a shameful reality of
our society. However, I believe such
policies and institutions as the
Corrective Action Order Act will help put
JYJ on a level playing field going
forward.
JYJ’s opinions on the corrective order
of FTC
“We are grateful for the decision by Fair
Trade Commission. Since 2009, we have
been in an uphill battle with seemingly no
end in sight. Yet, the announcement
made by FTC today gave us a great
deal of comfort that things may finally
improve bit by bit. We hope the corrective
order will enable us to perform
entertainment activities in a fair and
equitable environment and so can
young entertainers who will join the
industry in the future.
The end of this pitch-dark tunnel may
still be a long way off but we saw a
gleam of light from afar today. We will
keep walking towards the light and
make the best effort in every moment so
as to pay back with great
performances.”
< Reference 1: JYJ’s litigation and a
FTC announcement >
On July 31, 2009, the three members of
JYJ applied for an injunction of Seoul
Central District Court to suspend the
validity of their exclusive contract with
SM Entertainment. They insisted the
unfair contract should be nullified on
the ground that the contract period is
so long (13 years) as to breach
established social rules, profit-sharing
structure is in excessive favor of the
agency and they are deprived of
freedom in performing activities during
the contract period. On Oct. 29, 2009,
Seoul Central District Court made a
decision to accept their argument for
the invalidity of the contract (Seoul
Central District Court 2009 KA-HAP
2869). Since then, the Court has
confirmed the nullity of this unilateral,
forced contract on a number of legal
battles till April this year.
In the meantime, in October 2012, Fair
Trade Commission established and
announced “standard rules for
business transaction among
entertainment management agency,
entertainer(trainee) and production
agency” in order to formulate a fair
environment in the entertainment
management industry. Since then, there
has been improvement on the perception
of participants in the entertainment
business, including management
agencies, thus setting the foundation
that those who newly join the
entertainment industry were assured
the legal protection of their status and
freedom in entertainment activities. In
addition, FTC’s corrective order against
unfair practices announced today
reaffirmed the fact that the dispute
between JYJ and its former
management agency served as a
decisive trigger to resolve unfair
practices deeply-rooted in the
entertainment industry and
considerable improvements were made
therefrom.
On July 31, 2009, the three members of
JYJ applied for an injunction of Seoul
Central District Court to suspend the
validity of their exclusive contract with
SM Entertainment. They insisted the
unfair contract should be nullified on
the ground that the contract period is
so long (13 years) as to breach
established social rules, profit-sharing
structure is in excessive favor of the
agency and they are deprived of
freedom in performing activities during
the contract period. On Oct. 29, 2009,
Seoul Central District Court (judge:
Park Byeong-dae) made a decision to
accept their argument for the invalidity
of the contract. (Seoul Central District
Court 2009 KA-HAP 2869)
SM Entertainment filed an objection to
the court injunction on April 12, 2010.
Yet, the 50th Civil Suit Division of Seoul
Central District Court (judge: Choi Sung-
joon) dismissed its objection on Feb. 15,
2011, which decision confirmed once
again that the exclusive contract
between the three members of JYJ and
SM Entertainment was unfair and void,
and accordingly reaffirmed the original
court injunction (Seoul Central District
Court 2010 KA-HAP1245). On Feb. 21,
2011, the 51st Civil Suit Division of
Seoul Central District Court (judge Kim
Dae-woong) acknowledged the fact
that SM Entertainment has obstructed
the entertainment activities of the three
JYJ members, including appearance on
TV programs, and issued an indirect
compulsion order (2010 TA-KI 4495)
that SM Entertainment shall not hinder
their activities and pay 20 million won
each time it violates this court order.
As shown above, the court made a
voluntary arbitration to terminate the
exclusive contract as of July 31, 2009
and as a result JYJ was assured full
freedom of activities and independence
from SM Entertainment. With that, all
legal disputes between the two parties
came to an end.
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