JYJ’s international fans are rolling up their sleeves to help their idols. Nearly two weeks ago, we wrote about JYJ’s overseas fans undertaking a large campaign with a petition.
Approximately 86,418 international JYJ fans submitted a petition in regards to the lack of JYJ’s appearances on broadcasts.
According to a press release on February 28th, “from February 2nd to the 25th,” JYJ international fans have “voluntarily hosted a petition in 10 different languages advocating for JYJ’s Legal and Human Rights and a formal complaint about JYJ’s invalid restrictions in their music promotions and television appearances.”
About the petition, a representative from the JYJ international fans stated, “We are TVXQ and JYJ members’ fans as well as consumers of a cultural phenomenon known as the Korean Wave (Hallyu). We like to put an end to companies like SM Entertainment and KMP from violating JYJ’s rights protected under the South Korean law.”
International fans argued points based on personal rights, labor rights and income rights. They explained “this violates JYJ’s rights as South Korean citizens to freely act as celebrities. They must be protected with beneficial labor rights that include sufficient break time. ”
The Seoul Central Court had ordered the SM to pay for the damages done by the company’s blockade in JYJ’s activities.
Source: Newsen
Credit: Allkpop
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[NEWS] 110228 JYJ’s 80K Foreign Fans Submit Petition to the Court, “Stop SM’s Interferences”
[Newsen Reporter Lee Sooyeon]
86,418 foreign fans of JYJ (Kim Jaejoong, Park Yoochun, Kim Junsu) submitted a petition that addresses JYJ’s restricted entertainment activities among other issues to the Seoul Central District Court.
On February 28, JYJ’s foreign fans communicated through a press release that “between February 2nd and February 25, foreign fans voluntarily translated the petition into 10 different languages and set up a website for the signing of the petition in order to urge the Seoul Central District Court to issue a timely ruling confirming JYJ’s rights and guaranteeing their entertainment activities.”
JYJ’s foreign fans clarified their purpose in launching the petition as the following: “We, the international consumers of Korean Wave and fans of entertainers Kim Jaejoong, Park Yuchun, and Kim Junsu, of groups Dong Bang Shin Ki and JYJ (hereafter, collectively “JYJ”), petition for the public recognition and the cessation of the longstanding and repeated infringement by S.M. Entertainment Co., Ltd. (hereafter, “S.M. Entertainment”), KMP Holdings Co., Ltd. (hereafter, “KMP Holdings”), the Korean Entertainment Producers Association (hereafter, “KEPA”), and the Korean Federation of Pop Culture and Arts Industry (hereafter, “KFPCAI”) upon JYJ’s legal rights affirmed by courts of the Republic of Korea and their human rights which she has committed to uphold by entering into international treaties.”
In addition, foreign fans explained, “SM Entertainment and its affiliated organizations have flagrantly violated orders by the courts of the Republic of Korea regarding JYJ’s right to engage in entertainment activity freely and without interferences.”
Furthermore, foreign fans noted the importance of intellectual property rights, labour rights and the right to wage protection through disclosure in this case. They expressed their position that “[these rights] apply to JYJ as citizens of the Republic of Korea who have had their legal right to freely pursue entertainment activities without interference infringed,” and that “[JYJ’s] right to just and favourable conditions of work with sufficient rest and right to wage protection through adequate disclosure must be guaranteed.”
They continued, “We ask that the Republic of Korea show her commitment to these basic rights and publicly condemn and correct the current situation at once.”
On February 21, the Seoul Central District Court Civil Cases Division 51 (Judge Kim Daewoong) acknowledged that SM was illegally interfering in JYJ’s activities and granted an order for indirect compulsory performance [in favour of JYJ].
이수연 dream@newsen.com
Source: Newsen via Nate
Trans by: Jimmie of TheJYJFiles
Shared by: TheJYJFiles
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[NEWS] 110228 JYJ’s Foreign Fans Submit Petition to the Seoul Central District Court for the Guarantee of JYJ’s Entertainment Activity Rights (Attached Text)
[TV Daily = Reporter Seong Mikyeong]
86,418 foreign fans of group JYJ have submitted to the Seoul Central District Court and the Korean Fair Trade Commission a petition requesting the guarantee of JYJ’s right to entertainment activities and the protection of their human rights.
JYJ’s foreign fans stated “Although the Korean court has twice affirmed JYJ’s right to engage in entertainment activities without interference, we have witnessed SM and its co-conspirators violate these rights openly and repeatedly” and “[the hope] that consumers of the Korean Wave can enjoy Korea’s cultural products with a clean conscience” as the reasons for submitting the petition.
From February 2 to February 25, they have voluntarily set up a petition site in 10 different languages in order to collect signatures for the guarantee and protection of JYJ’s free pursuit of entertainment activities and human rights.
What follows is the text of the petition.
Purpose of the Petition
We, the international consumers of Korean Wave and fans of entertainers Kim Jaejoong, Park Yuchun, and Kim Junsu, of groups Dong Bang Shin Ki and JYJ (hereafter, collectively “JYJ”), petition for the public recognition and the cessation of the longstanding and repeated infringement by S.M. Entertainment Co., Ltd. (hereafter, “S.M. Entertainment”), KMP Holdings Co., Ltd. (hereafter, “KMP Holdings”), the Korean Entertainment Producers Association (hereafter, “KEPA”), and the Korean Federation of Pop Culture and Arts Industry (hereafter, “KFPCAI”) upon JYJ’s legal rights affirmed by courts of the Republic of Korea and their human rights which she has committed to uphold by entering into international treaties.
I. Legal Rights: S.M. Entertainment and organizations with which it has cooperative business relationships are infringing upon JYJ’s court-affirmed right to be free to engage in entertainment activity without interference.
A. JYJ has the court-affirmed right to be free from interference in their pursuance of entertainment activities as entertainers.
On October 27, 2009, the Seoul Central District Court of the Republic of Korea (hereafter, “Court”) granted JYJ’s preliminary injunction to suspend their exclusive contractual relationships with SM Entertainment. In its opinion, the Court explicitly ordered that S.M. Entertainment “shall not, to the third parties such as TV networks, music production companies, concert agencies, and the like, raise objections to [JYJ’s] entertainment activities with them…, or make any request to terminate their relationship with [JYJ] or engage in any other such similar conduct to interfere with [JYJ’s] engagement in any entertainment activity.” Therefore, JYJ is legally entitled to engage in entertainment activities as they wish.
B. In direct violation of court orders and JYJ’s rights, S.M. Entertainment, KMP Holdings, KEPA, and KFPCAI are illegally interfering with JYJ’s entertainment activities.
1. KMP Holdings
KMP Holdings is a joint venture by seven of the largest entertainment companies in Korea, including S.M. Entertainment. It was established to provide, among other entertainment services, the distribution and circulation of each member company’s downloadable digital media. KMP Holdings contacted and threatened the major distributors of downloadable digital music to pull all KMP Holdings products from any distributor that distributed recordings by JYJ. As a result, the soundtracks to Park Yuchun’s television drama Sungkyunkwan Scandal, in which all three members of JYJ participated, were prevented from circulation until its publisher publicly stated that it intended to file a complaint to the Fair Trade Commission.
2. Korean Entertainment Producers Association
On January 20, 2011, KEPA, whose members include S.M. Entertainment, held its general assembly to collect signatures for a petition for future submission to the Court. The petition expresses “serious concern about… [JYJ’s] claims filed in court to declare their contract invalid… If [the Court] finds in favor of the three who have misused the public misperception of a slave contract to file the preliminary injunction and the action, many other entertainers will abuse such decision to pursue lawsuits against their own entertainment companies.” KEPA’s encouragement of its members, which are entertainment companies that collectively produce up to ninety percent of Korean popular music, to sign and endorse this petition seriously undermines any present and future business relationships between them and JYJ and damages JYJ’s standing in the Korean entertainment industry. Furthermore, the petition constitutes public slander and misrepresentation of JYJ and their actions. That KEPA makes this gross misrepresentation in hopes and expectation that the Court would not discern its true motives also betrays that it holds the justice system of the Republic of Korea in contempt.
3. Korean Federation of Pop Culture and Arts Industry
KFPCAI, whose members include KEPA, acted to directly interfere with and restrict JYJ’s entertainment activities by distributing formal statements to Korea’s major media outlets that urged for a ban on JYJ’s television and radio appearance. As a result, JYJ has since been prevented from appearing in any and all music performance and awards programs and variety shows. The Fair Trade Commission has already received a formal notice by members of the public to investigate this breach of court orders.
II. Human Rights: SM Entertainment’s actions towards JYJ violate the internationally-recognized norms of human rights protection that the Republic of Korea is obligated to uphold.
A. The Republic of Korea is obligated as a member of the United Nations and signatory state to multiple international human rights treaties to uphold internationally-recognized norms of human rights protection.
An international treaty creates for its States parties a floor for the protection of the human rights discussed therein. In addition to upholding its letter, Article 18 of the Vienna Convention on the Law of Treaties obligates such States parties to uphold its spirit by refraining “from acts which would defeat the object and purpose of a treaty.” The Republic of Korea, as a member of the United Nations and a party to many such rights treaties, has committed herself to uphold these norms of international rights protection.
B. SM’s actions towards JYJ have been and continue to be violations of the letter and spirit of the above norms.
1. Moral Rights to Intellectual Property
Moral rights are one of the rights of the creators of copyrighted works. Moral rights encompass the artist’s right of attribution and his right to the integrity of the work, and exist independently of whether the artist possesses the work’s copyright, i.e., the economic rights. The landmark treaty Berne Convention for the Protection of Literary and Artistic Works of 1886 (hereafter, “Berne Convention”), which the Republic of Korea ratified in 1996, explains that “independent of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion.” Most civil law jurisdictions, including the Republic of Korea, recognize moral rights.
Despite this, through Article 3 of their contract, S.M. Entertainment unilaterally takes the copyrights to all of JYJ’s albums and sound recordings, including self-compositions. It also claims the authority to distribute, broadcast, and change JYJ’s works “in any way into any form” it chooses, without JYJ’s consent. This provision directly breaches the Berne Convention and JYJ’s moral rights, which reserves such authority and power of objection for JYJ.
2. Labor Rights
a) Right to be Free from Forced or Compulsory Labor
The Republic of Korea is a member state of the International Labour Organization (hereafter, “ILO”), an agency of the United Nations and the most influential body in the area of international labor law. As its Declaration provides, “from the very fact of membership,” the member state “endorse[s] [its] principles and rights” and is obligated “to promote and to realize” the principles of fundamental rights, including that of the “elimination of forced or compulsory labour,” defined as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.” “No concession” is “granted to private individuals, companies or associations.”
S.M. Entertainment’s contract with JYJ is contrary to the Republic of Korea’s such commitment. Article 3.3 of the contract provides that it has “all rights to all entertainment activities” by JYJ. It then provides that during the duration of the contract JYJ “shall follow with diligence every decision made by the company and shall not carry out activities at their own discretion.” Upon violation of the above or upon termination of the contract, JYJ is obligated to pay damages of an amount equal to the sum of three times the total investment costs (publicity costs and any and all other expenses incurred that was paid or used in any form) and two times the expectation damages.
As the Court wrote in its opinion, the above provisions act to coerce JYJ to perform any and all orders by the company and to prevent them from terminating, even for good reason, the contract. The court wrote that “the amount of the total damages,” estimated to be at the minimum approximately 400 to 480 million USD, is “excessive.” The court also noted that the variables “total investment costs” and “expectation damages” are “not only subjective and variable in character, but also can be used as means to more thoroughly prevent an entertainer from exiting the contract the more he, like [JYJ], achieves economic success… by causing the total damages amount to increase with such success.” Furthermore, as under the contract JYJ was only entitled to approximately 0.44% to 2.22% of album sales with no realistic prospect of other compensation, the damage provision, as the Court found, not only “completely blocked” JYJ from deviating from the contractual relationship, but also acted as “a device to subjugate them to [S.M. Entertainment].”
This “menace of [the excessive] penalty” bound JYJ to forced and compulsory labor as prohibited by ILO for the duration of the contract. The duration, initially thirteen years, was to extend to compensate for any time period during which personal reasons prevent JYJ from fulfilling their duties under the Contract, such as Korea’s compulsory military service. As the court noted, “the majority of the prime years [JYJ] can enjoy as entertainers… [fell] under the Contract.”
While ILO excuses from the label of “forced or compulsory labour” any labor for which a person offer[s] himself “voluntarily,” this defense is likely unavailable. As the Court writes, JYJ “had no choice but to accept” the contract as offered and even when they had solidified their places in the market, “did not have negotiating powers strong enough to make them equal parties [to S.M. Entertainment]” and “merely acquiesced to, without any real negotiation, the terms that [S.M. Entertainment] unilaterally presented.” Furthermore, at the time of signing, Kim Jaejoong, Park Yuchun, and Kim Junsu were seventeen, seventeen, and thirteen years old respectively.
b) Right to Just and Favorable Conditions of Work
The Republic of Korea has further expressed her commitment to protect human and labor rights by also ratifying the United Nations International Covenant on Economic, Social and Cultural Rights (hereafter, “ICESCR”).
Article 7 of ICESCR provides that each member state must recognize the right to “just and favourable conditions of work which ensure, in particular… rest, leisure and reasonable limitation of working hours and periodic holidays with pay.” Despite this mandate, the rest days given to JYJ in years 2006 to 2009 were 5, 7, 10, and 10 days respectively. As discussed above, JYJ was compelled to abide by any schedule that SM demanded, and the contract did not provide for a vacation.
As a result, from their debut in December 2003 to July 2009 when the current action commenced, JYJ recorded and released 46 albums and singles (excluding records that were rearrangements of previous releases or recordings of concert performances) and performed 92 full concert days. At the same time, JYJ also appeared in hundreds of television music and variety programs, filmed commercials, and participated in radio shows, among other such activities, in multiple nations. The prolonged deprivation of rest led to frequent serious injuries and illnesses.
c) Right to Wage Protection by Disclosure
The ILO also provides that workers have a right to be informed of the wage conditions and the calculations for each pay period, especially through the payor’s maintenance of adequate wage records. It also provides that workers have the right to know the conditions to which deductions from wages may be made. Contrary to this, S.M. Entertainment, despite repeated requests by JYJ, refused to explain both the terms of their pay and the reasons for deductions that on some occasions exceeded their pay.
Conclusion
As stated above, S.M. Entertainment and its affiliated organizations KMP Holdings, KEPA and KFPCAI have flagrantly violated orders by the courts of the Republic of Korea and in turn its citizens JYJ’s right to engage in entertainment activity freely and without interference. S.M. Entertainment through its contract has also violated JYJ’s human rights, recognized internationally and by the Republic of Korea, to exercise moral rights upon their created works, to be free from forced and compulsory labor, to enjoy just and favorable conditions of work with sufficient rest, and to benefit from wage protection through adequate disclosure. We ask that the Republic of Korea show her commitment to these basic rights and publicly condemn and correct the current situation at once.
Source: TVDaily via Nate
Translation by: Jimmie of TheJYJFiles
Shared by: TheJYJFiles
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[NEWS] 110301 Over 80,000 fans sign petition for JYJ
Foreign fans of K-pop group JYJ said on Tuesday that they submitted a petition on Monday to the Seoul Central District Court and the Fair Trade Commission for the recognition and protection of the boy-band’s legal and human rights.
The petition urges prompt action by the South Korean government and justice system to “concretely block the illegal interferences and anti-trust activities of SM Entertainment and their affiliates towards JYJ’s entertainment activities.”
JYJ is a pop group formed by three former TVXQ members who used to be under the SM roof.
“Although the Korean court has twice affirmed JYJ’s right to engage in entertainment activities without interference, we have witnessed SM and its co-conspirators violate these legal rights openly and repeatedly,” said Jimmie Kim, a representative of the International Consumers of the Korean Wave and Supporters of JYJ.
A total of 86,418 fans from around the world signed the petition from Feb. 2 to Feb. 25 and translated it into 10 different languages — Japanese, Chinese (both Cantonese and Mandarin), French, Spanish, Portuguese, Turkish, Vietnamese, Thai and Bahasa Indonesian.
An official from the Fair Trade Commission, however, told The Korea Herald that it was difficult to confirm if such a petition had been submitted.
Credit: koreaherald Park Min-young (claire@heraldm.com)
Shared by: JYJ3
JYJ3 
Chills…
yeah! feel the power of JYJ Family!!!!!!!!!!
i hope d tv stations, kfc n kepak realize how stupid they r… they r d one who destroying d hallyu wave image not jyj…
Those douches need to realize, they are the one who is destroying their precious hallyu wave.
i hope this case can really over immediately so jyj can move on to new life and it’s time for them to reach their happiness….jyj keep the faith and fighting!!!!
This is what it is all about. Letting the public know the International community is watching. We are watching, supporting, and keeping the faith!!
I wanted to ask how was the response to the public in general?
hell yeah! loving these articles.
hell yes!
I love this article.
At least the news that the international fans are not just watching was delivered.
I hope someone realizes that the situation in the korean world entertainment to us foreigners is really grotesque
hhhhmmm… I can’t wait for the rebuttal news from the other party.
15 more days for the big day!!!
SM shouldn’t continue dragging the case… that’s an old trick now.
Ah, but Masi,
If it stops dragging…its knuckles…that is, what’s a drama queen to do? I won’t expect anything less. For these bloodsuckers, letting go of this is like losing face. Their false sense of pride won’t let them.
Everyone prepared to have to go the distance.
i already prepared my canons.
Now now SM, kfc-whatever and gang, don’t it feel like a tight slap to your face?!
^___________________________^
I’ve been wanting to do it for a loooooooooooooooooooong time!
That’s 86,418 days worth of insomnia to SME. That that!
*take*
love this new! I want to know how pupblic react!!!
Sometimes I wonder how HM react when they read news like this.
For I feel, one of the reasons why they stay is due to the fact that SM can provide them the kind of support needed to survive in the entertainment industry.
Nothing wrong with that, mind you. It’s just different personality between a high risk taker (JYJ) and a low risk taker (HM).
It just makes me think, if HM had foreseen this kind of immense support from fans, will it make any difference to their decision.
Perhaps current situation may be dissimilar. Or it may not.
i know ur question might be rhetorical, but i have an opinion to share, that is if u’ll welcome it.
i’ll say it anyway… hehehe…
i don’t think HM can change or would change their decision if ever they had an idea that fans would be such support as we are showing right now. the reason being is that perhaps their family’s views on the changes that JYJ is asking for is not something that they think is right.
why? because it no longer follows the patriarchal make-up of their society that HM’s parents may be used to, especially Ho’s because they’re a family of lawyers, right?
Welcome all discussion. ^_^
I guess perhaps it’s the waythey are brought up.
just reading this makes me wanna dance!!
so happy to this news! now korea knows and the stupid entertainment business KNOW international fans are watching, im happy i was able to partake in an event like this. LOL im REALLY happy we have really intelligent people to do things like this
JYJ FIGHTING!!!!!!
i cant believe some haters at certain *ALLKPOP* ahem said that this petition is immatured and violating JYJ privacy. I mean what? ridiculous. there were few pointing saying it will make SME bankrupt and destroy their idols etc and even said SME didnt violate JYJ human rights…even bringing South Africa issue into the picture. Seriously…what?
Sorry to bring it here. that place is a dent to insanity. i wanna be sane again. haters seriously dx read.
its cool “ilovetennis” is a hater
i loved seeing her being taken down though
i dont think AKP is hostile to JYJ anymore in general 😀
some noncassies on AKP did sign the petition
the one with honeybunny is one of the haters. she/he hate JJ alot. dx see her/him around anymore. that person really love to put JYJ down but usually being bullied around by JYJ fans. i hate that honeybunny a lot.
ME TOO i think shes called bunny cutie dho
the one with the changmin avatar o.O
i think ppl know shes a hater though
the day jyj win the lawsuit the first thing i’ll post on AKP is
“oh bunny dearrrr where are youuuuuu?”
ahahhahaa pretty much what i will i do as well. she disgust me tbh
me too she’s schizo ALL THE TIME
she must really care A LOT to troll 24/7
crazy trolls be crazy
lol i think i may join in posting that too!!
i remember she keep saying JJ futanari erm…what’s that mean actually eh?
but surprisingly when JYJ went to US Showcase, that person go the Show case as well. I seriously dx get it. She’s crazy. She’s lurking in JYJ post a lot. She’s a bitter person. maybe an attention seeker.
clearly into some umm…weird stuff ROFLLMAO
http://en.wikipedia.org/wiki/Futanari
i’m starting to think she’s nuts
like period blood stalker nuts
ok…woah kids this days….seriously some people need to do medical check ups regularly
guys im sorry for this but i just went on twitter and i saw a post saying that JYJ’s reality show on QTV is cancelled!
OMG and it is true Cjes announced it
*cries in a little corner*
*cries with you*
WHAT
WHAT WHAT
-__________________-
where is that F* u icon when you need it
UNBELIEVIABLE
SERIOUSLY?
yea it was just announced QTV said it would be impossible to air but they are sending the footage to Cjes so they can show it to the fans BUT IT STILL MAKES ME MAD!!!! and i seriously wanna cry
its cancelled
i don’t know but jyj’s future on tv is looking very glim. I’ve no idea what’s going to happen.
im starting to worry more about the guys future, they are still being blocked that even a small cable station cancelled for the guys that have twitter send you complaints, i just did!
Am worried too. Even with the judge’s rulings the companies can’t risk the other huge ent’ companies pulling their artists out. It may not be worth the risk for them.
At this point, I don’t think there’s anything people can really do. Its up to the PDs and if they can risk having jyj but they can’t.
Its looking very glim for them and I have no clue how/ what fans can do. It just looks hopeless. It really does and I hope things will eventually turn out well but now my hope is bare minimal.
ya..I really worries about that…feel so bad. think about the boys how they feel???? must be awfull, they give up their alot even their privicy to every small step but the end??? i am so mad!!!
@ anva
am not even mad just frustrated. I understand why the PDs can’t risk having jyj on their shows because its not worth the risk for them to have the other artists pulled out.
it shows how frustrating and seemingly hopeless the situation looks . JYJ still have a huge battle ahead of them which they have no control over. I feel for them.
shit they work really fast eh? seriously i feel down at the moment. I was looking forward to it. Shit what can we do…
and its sad to know that this is being done to them, all they wanted was freedom, they were trying to do what was best but they get all this s*** for what they want to follow. in all honesty im not giving up just yet, fans knew this wasnt going to be easy or be solved overnight. the good things lots of fans arent giving up either, those fans on twitter are twitting like crazy at realqtv, i sent my complains it may not do much but im still trying. great now i cant study
and now i cant work! FUUUUUUUUUUUUUUUUUUUUUUUU
I know i feel really bad now,but i never give up.JYJ ,they still want to sing i still do my best to support them anyway i can..that all i can do!!
oh Nooooooooooo…!!! why why why? *calm down*
is it a wrong thing if want to see them on tv?
*start crying*
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i cx express my frustration into words…QTV why? SMH
OO..I going get mad..but i see this..COOL!
@9mmleftshinki
i know how you are feeling 😦
i had high hopes for this station just to see them crashing down. im crying cuz of frustration, im crying because of cjes and how much they are trying to support the guys, im crying just thinking of the guys. they’re careers arent going to be easy at all, this station just showed me that
Okay…why exactly. I mean purely EXACTLY why it’s impossible to air it. Why? no really Why? What exactly will happen if they air it? WHAT? WHATTTTTTTTTTTTT?
I don’t understand it.
most likely other artists/actors/idols etc may be pulled out of shows in QTV. I don’t know. Confused and frustrated about the whole situation.
I feel my hope been shattered to pieces now. does the Korean media system really that shallow? I know it does but i dx expect it to be this low… I demand explaination as well. I have a very serious question, they did realize that we global fandom are looking at them? Now i seriously looking down on their system more than ever. Seriously WTF? Now I fear for JJ ElleTV movie project. This is depressing!
JYJ and fans, facing and trying to break that huge wall,
can they able to do that? the fighting between david vs goliath still going on and on.
and why if there is no happy end for them? *crying hard*
Done reading all the comments in AKP. Seriously, never been more proud of the how intelligent, smart, witty (and every adjective related) to the JYJ/TVXQ5 fans are.
The arguments there are LOL.
maybe their ages range from 5 to 9 years old… LOL
i feel like crying…