On July 24th, the Fair Trade Commission (hereafter FTC) revealed that they have ordered SM Entertainment and the orea Pop Culture and Arts Industry Coalition (hereafter KFPCAI), who have been obstructing JYJ’s broadcast activities, to cease their obstructive actions.
The FTC found that SM and the KFPCAI have worked together to request businesses’ in the industry to prohibit JYJ’s appearances on broadcast programming and musical distribution after JYJ, who were active as members of TVXQ, formed in October, 2010.
**The KFPCAI and SM collaborated in November, 2010, to send documents requesting that JYJ be prohibited from appearing on public broadcast and engaging in music distribution. Including the music distribution company Warner Music Korea, the documents were sent to 9 broadcast stations, 11 music distributions, and 5 online music service companies, making that 26 companies in total.**
The documents stated that JYJ “signed with another company (i.e.: having a double contract)” and other unconfirmed speculations that SM unilaterally relayed. SM one-sidedly warned in the documents that having JYJ appear on their broadcasts and helping JYJ distribute their music can bring about legal issues.
JYJ sold 300,000 copies of their first album and achieved great success, but after the KFPCAI sent the aforementioned documents, JYJ faced immense obstacles promoting as singers domestically, not being able to appear on music and variety programming and left out on music rankings for music shows.
Finding that SM and the KFPCAI obstructed the activities of JYJ, the FTC said that they have broken fair trade legislations and ordered SM and the KFPCAI to cease their actions.
The KFPCAI was ordered to relay this order to the 26 companies they pressured to prohibit JYJ as well as the 12 companies that comprise of the KFPCAI.
In July of 2009, JYJ’s three members, who were active as members of TVXQ, stated that their contract was unfair and requested to void the contract with SM Entertainment, commencing a long legal battle.
After numerous legal proceedings, the lawsuit ended with mediation being accepted by both sides in November, 2012.
A representative from the FTC stated, “The unfair agreement and actions of the entertainment companies proved to be a social problem, but regardless personal opinions of artists and demands of the public, entertainment companies have been dictatorial about management system. “ and “We anticipate that the happenings of this event will serve as a warning to similar unfair practices that may appear in the future.”
Source: JoseIlbo via Nate
Translated by: @ohmyjunsu
Proofread by: @jaetaku
Shared by: JYJ3
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[NEWS] 130724 Fair Trade Commission issues a sanction against SM Entertainment and KFPCAI for interfering with JYJ’s activities
Like most Kpop fans know, for a while now, JYJ has not been able to promote freely in Korea due to their past issues with SM Entertainment. Broadcast stations and music distributors never offered a complete explanation as to why this is the case, but fans suspected all along that SM Entertainment was applying backdoor pressure.
The Fair Trade Commission or the FTC has been looking into the issue and has finally confirmed that the parties responsible for JYJ’s lack of broadcast activities are SM Entertainment and ‘Korean Federation of Pop Culture and Art Industry (KFPCAI)’.
Having confirmed the two’s role in blocking JYJ’s activities, the FTC issued a sanction today (July 24th KST) ordering SM Entertainment as well as KFPCAI to stop interfering with the group’s activities.
According to the FTC, SM and KFPCAI issued out a statement asking broadcast and music insiders to restrict JYJ’s broadcast activities and appearances during the release of JYJ’s first album in 2010.
A FTC rep commented, “Despite JYJ’s high album sales, their activities as a singer was restricted in Korea, and had to promote through areas where SM’s influence was less like dramas, musicals, and advertisements.”
SM also asked Warner Music Korea, the distributor of JYJ’s 1st album in 2010, to stop the distribution of the group’s album.
KFPCAI also helped SM by issuing out statements to Warner Music Korea, as well as 3 major broadcast stations and 6 music and cable stations, and 11 album retailers and 5 online music service sites, requesting that they restrict JYJ’s broadcast appearances and music distribution.
In these statements, KFPCAI only included SM’s side of the story and warned that the broadcast stations and music sites would be becoming implicated in the legal problems of JYJ and also pushing Hallyu and pop culture a step back, if they did not restrict JYJ’s activities.
FTC commented, “SM, one of the big 3 agencies, and KFPCAI, which is composed of various organizations involved in the entertainment industry, applied incredible pressure on companies and as a result, JYJ experienced cancellations of music and variety programs, change in music ranking, and cancellations of documentaries and theater screenings.”
The FTC has found SM and KFPCAI in violation of several policies and has ordered a sanction as well as corrective measures so that JYJ’s activities will not be further restricted due to their past legal issues with SM Entertainment.
As part of the corrective measure, the KFPCAI will have to issue a statement to the 12 organizations and companies that make up the KFPCAI as well as 26 companies, including broadcast stations and music distribution sites, regarding the sanction they have been issued by the FTC.
A FTC rep commented, “This is a case in which we prohibited large-scale agencies from using their influence to pressure businesses to interfere in the promotional activities of celebrities whom they are in a dispute with.”
With this sanction in place, hopefully we will soon see JYJ freely promote on various music and variety programs!
Source: Chosun via Nate, EBN via Nate
Credit: Allkpop
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[NEWS] 130724 Fair Trade Commission Orders SM Ent. to Stop Interfering With JYJ′s Promotions
The Fair Trade Commission (FTC) ordered SM Entertainment to let up on its pressure on JYJ.
The FTC stated on July 24, “We told SM and the Korea Pop Culture and Arts Industry Coalition to stop interfering with others′ business activities, and ordered them to notify related institutes, such as broadcasting companies, of this fact.”
According to an investigation by the FTC, SM and the Coalition had sent an official notice in October 2010, after the JYJ members left TVXQ (DBSK), to 26 broadcasting companies and album distributors, asking them to refrain from casting JYJ or from distributing their music.
The FTC judged that considering the influence of SM and the Coalition in the industry, this notice would have pressured those who received it, and interfered with JYJ′s promotions as a singer.
On this, JYJ′s agency C-JeS Entertainment commented, “We thank the FTC for its decision. This fight started in 2009 and had since made us feel like we′ve been walking a desert with no end, but today′s announcement made us feel that things were becoming better, and we felt we had been supported.”
“We hope this notice will help [us] promote fairly before the public, and also open new doors for our juniors,” it finished.
SM Entertainment, on the other hand, said about the decision, “We′re sorry such a decision was made because we′ve never interfered [with JYJ′s promotions]. SM is considering taking legal measures on the decision.”
Park Yoo Chun, Kim Junsu and Kim Jae Joong left SM and its former group TVXQ after lodging a lawsuit against the agency. The three have been performing as JYJ.
Source: Mwave
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[NEWS] 130724 FTC orders S.M. to correct wrongdoings against JYJ
The dispute between S.M. Entertainment and K-pop idol group JYJ has come to an end as Korea’s antitrust agency ordered S.M. Entertainment to correct and undo its wrongdoings against the three-member boy band.
The Fair Trade Commission said Wednesday that it sanctioned S.M., one of the top three talent agencies in Korea, for its attempts to block JYJ from appearing on music television shows and distributing their albums over the years.
S.M., in collusion with the Union of Korean Pop Culture and Arts Industry, a collective federation of artists promoting Korean culture and arts at home and abroad, has abused its power as a dominant entertainment agency by relentlessly hindering JYJ’s expansion since the boy group broke off its relationship with S.M. in 2009, according to the FTC.
S.M., which counts artists such as Girls’ Generation and Super Junior on its books, made a net profit of 37.1 billion won ($33 million) in 2012. It holds a share of more than 30 percent in the music album market, and is one of the key members of the UKPCA, the FTC noted.
The conflict between S.M. and JYJ began three years ago when the three idol members, who were part of S.M.’s five-member boy band Dong Bang Shin Ki formed in 2003, accused their former agency of carrying out an unfair contract.
Three members of DBSK then officially broke away from S.M. and formed their own group called JYJ with C-Jes Entertainment.
But the two sides continued to battle, filing injunctions against one another. JYJ asked the court to suspend and annul its former contract with S.M., while S.M. tried to stop distribution of JYJ’s first album via Warner Music through a court order.
The UKPCA also sent official letters to 26 TV stations and music wholesalers asking them not to promote JYJ, making it harder for the group to appear on music and variety shows.
C-Jes welcomed the FTC’s decision, saying that it hopes from now on that JYJ as well as future artists can “fairly” perform and appear before the public without the influence of big market players.
Source: The Korea Herald
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[NEWS] 130724 Fair Trade Commission orders SM Entertainment and KFPCIA to stop interfering with JYJ’s activities
By Korea Star Daily | KpopFighting.com
The Fair Trade Commission (FTC) has issued an order today, demanding that SM Entertainment and the Korean Pop Culture and Arts Industry Coalition (KPCAIC) to stop interfering with JYJ’s activities. With regards to that, the JYJ members have expressed their thanks to FTC in the aftermath.
JYJ said through their agency, C-JES Entertainment, “We thank the FTC for their decision. We have been fighting arduously since 2009, and it felt like we were walking in a desert with no end in sight. But we felt that things have been changing for the better, and we have gained a lot of strength from it. With this order from FTC, we hope that we can perform on fair stages and go about our activities in a better environment. We also hope that this helps to open the doors for our juniors.”
JYJ also expressed, “After this ray of light, we will continue to march forward towards this light, and work even harder to repay everyone for their support all this while.”
Through investigations done by FTC, they found out that in the period when JYJ released their first album, SM Entertainment and KPCAIC had sent notices to 26 broadcasting companies and album distributors, asking them refrain from using JYJ members in their programs or from distributing their music. They claimed that the continued presence of JYJ would result in the decline of Korean culture and cause harm to the growing popularity of the Korean Wave. In the aftermath, JYJ found much difficulty in doing activities within South Korea and decided to move their focus to overseas, and this contributed to JYJ’s diminishing presence in their home country.
By: Kwak Hyun Soo
Copyright@KpopFighting.com
omg finally
Yes, finally…..but the battle is not over yet !
True, it’s not over yet. SM may try to do something to stop this but at least we get a small hope that justice will prevail…
What’s next?
let’s see if this news will make a difference …
Let’s check the stock market…..or see what another counter attacks by SM to save their face.
YEEEEY~~ =D i hope to see them on tv soon
I’m sooo happy that finally this abuse is going into the light of day!!! There are so many people that thought that JYJ was lying and now they will know it is true!! SME is blocking their activities, they can deny it anymore. SME true colors are showing and they’re ugly!! I’m trilled because this is a step foward for JYJ to being able to promote in tv stations. No more excuses!! 😀
@#$!#$ We have to PUBLICIZE this! Whether people support JYJ or not, EVERYONE should know the reality of BLACKLISTING! As a team, we can eliminate one ignorant person at a time!
Can you believe that 38 companies joined SM to blacklist?!
i will believe in this news if JYJ will be seen on national tv without hindrance…if they could promote freely without great obstruction….
but i always keep faith that justice will serve its purpose.
This is a great news! Finally!! Hopefully after this event JYJ could freely appear on television. Justice should be served. JYJ keep fighting!!!
*weep*
;_____;
Pray hard for them out from this matter as soon as possibe..can’t bare to see this matter again….i want JYJ to be FREE!!!
Even though some are unbelievers … Let’s think positive. These companies were debunked. I do not think the whole industry will like stained firm. So I believe that justice will finally prevail and the boys will be able to appear on TV.
Hateful sm r u going to be hateful forever? Ckckck don’t u know there’s another life after we all dies
I hear jyj on running man soon!!~…. Hopefully lol
OMG that is all what i wanted right now JYJ on RM ;___:
One day ❤
Me too! Can’t wait!
that’s what I want too….JYJ on running man!
and don’t forget Mong Ji (Song ji hyo) and JYJ are the same Agency, hopefully it will be easy to invite them.
^_^
i will believe when they give us a proof. Invite JYJ on the variety show, music programs, etc.
Thank goodness, righteousness comes at last; however, scares has been made!!!! On the other hand, we can see how brave our boys are, they do deserves our love. Just hope for the best of our boys.
girls we have to create a hashtag in twitter and make it top tweet to more people in korea interest in this, and friends who know korean create documents about this issue and we can share it online portals and facebook, twitter. Now we have to
start to fight too…
What about #SMEntertainment_Corruption ? (for twitter is a little long already) #SME_Scandal ?
who wants to reach me my e-mail tutaste84@windowslive.com, we have to start too…
I have 3050 followers on FB… I believe that SM deserves the white glove on the face… the attack should be in fairness of any victims that are or were enslaved by this companies’ power. Let’s not forget that the main key is to continue to PROMOTE our 3 boys before spending more time than needed into announcing SM’s corruption. It is all over the news already… under K-Pop blogs. I mean, SM is getting the much earned karma, and all on its own 🙂
just wondering, this ‘proof’ was back in 2010… so why now ?? why not then ?? ( I doubt SM cares now, i mean they don’t do anything with pictures and interactions of other SM artist and JYJ floating on the internet as of lately , before they deleted all of them instantly , or let their artist talk about JYJ whenever, probably the only thing SM will def. do to JYJ is to ban them singing old Dbsk’s song)
as of now, we don’t have ‘proof’ that SM is behind all the cancellations or ‘banning’ of JYJ on music shows, though they are obviously being the most possible candidate….
if FTC share those ‘proof’ documents with you, let us know
This is very good news at last someone has taken their head out of their butt and said enough is enough! But why did it take the FTC 3 yrs to figure out what any fan can find evidence of on Goggle and Youtube in five minutes? Don’t just sanction them FINE them BIG BUCKS money talks and BS walks! I think there is still a battle ahead after 3 yrs SM is not going to give up that easy so keep praying for and supporting our guys! JYJ FIGHTING!
internet? you can’t trust them. in this kind of industry, you need papers. you might want to find and get you hands on these ‘precious papers’ that’s why it took 3 years
Yes, finally
This is a great news!
I am really happy that finally action is taken to stop this injustice treatment in Korea Entertainment Industry. It is not legally right to ban any artist or idol due to one company (SM company) own ego and pride (for losing singers whom they do not appreciate). This issue has taken too much time in JYJ career and for sure has caused distress among JYJ members and also the fans. Hopefully after this, JYJ will be able to promote freely in music and variety shows (want to see JYJ in running man ans Immortal song). For me, JYJ members are role models and important figures in this kpop music industry and shouldn’t be taken lightly. Let Junsu shows the idols how to sing live and dance powerfully (not many idols can do that). Let Jaejoong shows the idols that it is fine to try something different such as rock genre ( love Mine and One Kiss) and how to do it well. We need variety in korean music and I am starting to dislike all the similar new kpop songs. Not many idols dare to take rock genre into consideration when making solo album, worrying that they will be receiving bad responses from fans and antis. Although k-rock has been there for a long time, not many international kpop fans seemed to notice (except krock fans and korean). Hopefully with Jae’s album, more people will enjoy this genre. Lastly, let Yoochun shows them how to be a successful idol turn actor ( together with Jaejoong).
finally someone puts end to the tyranny of SM
I have faith in the power and great talent of jyj
YC, JJ and JS: Always keep the faith ❤
Running man!!!!!. hehehe. then Yoohwan will be promoted well too.
no matter how dark the road is, time will come that the light will still shine and now there is a little light already.. hope it will continue..
SM entertainment is devil for jyj. They break their heart and now want to break their lives.
Glad to hear this and JYJ has gotten some support from their home country! It was sooooooooo ‘funny’ that it is JYJ who attracting me to Korea but how come I could not see my babies in their TV shows and could not buy their products in a normal channel????
JYJ has great contribution to SK so guys, please treat them well!
This is amazing happy news to hear!!!!!!!!!!!!!!!! I am so happy that SM and KFPCAI has been exposed in a more embarrassing public way!!!!!! i am going to stay positive that more good things are going to start happening for JYJ!!!!!!!!!!!! I will always support and love JYJ!!!!!!!!!!!!!!!
this doesnt really matter if nothing results from it……everybody already knew this was happening
Call me crazy, but I dont think SM is actively blocking JYJ anymore. It’s just the threat of pissing off SM that’s preventing the broadcasting stations from allowing jyj back on. It’s pretty obvious how strong SM influence is, almost every show has an SM host/hostess or permanent guest.
Korea is blessed with many young talented stars who work so hard to bring Korea culture to international awareness.
However, the big agencies ..ie. SM & KFTC instead of encouraging and helping, they want to control and play god,
thus clipping the wings of these young bright stars! It is a shame to the people of South Korea!!!
Reblogged this on ╰☆♥ you are my every thing ♥☆╮.
I’d like to be cautious about it… we still don’t know for sure whether this nightmare will be finally over… truth is that once again, I haven’t seen Junsu promoting on tv for his comeback… so I guess it’s not really over… I really wanna see what JYJ is gonna tell us tomorrow in the statement they are gonna release… We’ve been waiting for so long to see them again on TV that I’m kinda reluctant to believe that this is going to be over soon… Unfortunately, I don’t think SM will let go of it so easily… At least now there’s prove of their doings to frustrate any JYJ’s advancements in the music industry in Korea (not to talk about Japan…).
Trying to be objective but I really hope for the best tomorrow… I really wanna see these 3 awesome and talented men on TV, singing, dancing and just being themselves in Variety Programs… I’m really dying to see them on Running Men and BareFoot Friends…!!!! I wish it’d be possible starting tomorrow…!!!! That’d be the best news ever…!!!!!
tsk! tsk! tsk!! shame on you SM, KFPCAI…anyway, the boys are talented and good person and you cannot just put them down!!! JYJ fighting!!!!!!!
Thanks for the 3 article… Just wanted to mention a typo I have noticed on the very fist line of the first article’s paragraph “orea Pop Culture” (I believe you missed a capital K for Korea ?)
“SM is considering taking legal measures on the decision.””
my GOD man, let it go.
Its coming people…Get Ready!!!
uncover the truth. Salute for JYJ’s patience, strength until this stage.
I just don’t get why SM is still cockblocking? -_- You made all this money and you still can’t get over the fact that DBSK split up because of your greedy ass. Get the hell over it, you bully. You’re making enough money, don’t you think, you factory worth company. GTFO
For me the most important element is the follow up. Make sure those companies who first received those letters from the KFPCAI, receive the new and revised letters. They should also be made public by the KFTC. If the broadcast companies continue to stonewall, then they should be dealt with by the Korean Communication Commission which can take away their broadcast licenses. If they really feel SME is worth all this trouble, then I say hang in there, let that noose tighten. See what SME does for you then.
So, SM you think you might want to take legal action huh? Ok……go for it! Your unenviable track record can remain intact, with your history of losing. Your money. Hope your stock can afford to take another hit. Just saying. 😉
Is there something new here? As if “ordering” SME to “stop” it’s bullying will actually work on SME. SM knows it’s above he law and it acts exactly like that. Until the Korean government can enforce their laws on SME, all the law will be to SME is a quacking duck. Because right now the law/courts can say alot of things to SME but all SME hears is “quack, quack, quack”. LOL
Agreed! We cannot be to happy about it but has to treat this news like walking on thin ice. After all the person we are dealing are leaders in Korean entertainment – (SM Entertainment – Lee Man soo) Lee has been awarded with Korean Culture Icon 2012 by Korean Society (last year on its 55th Anniversary Gala). What does that tell us? That some Korean leaders in entertainment are too blind, too deaf and too brain damaged to be aware about the injustice done to JYJ. They prefer to stick to their own kind instead of letting the justice prevail. Not just big guys from the entertainment, it extended to the judiciary department also. Why I say this? Well Uknow Jung Yunho of TXVQ few relatives are known to serve in judiciary department and they and Uknow Yunho defended SM Entertainment ( example Uknow father) and Uknow action for sticking with SM Entertainment. Do these people know what justice is? Do they know what slave contract mean? Do they know what unfair term or abuse of dominant position mean? Or do they get their law degree by paying the lecturer to give them pass for their paper? And do they get to serve in Korean judiciary thru a connection? Is this what South Korean want to show to us international fans – their corrupted culture. The whole world is watching yet they take their sweet time to just announce this corrective measure ( not even a legally compelling action). Is this all Korean culture all about? Such action are taken after Japanese court find Avex a hindrance. Since Japanese find Avex a hindrance, only then Korean agency has to acknowledge that SM a hindrance? What if JYJ fans never take action? Are Korean agency going to sleep on their jobs? In Korea, are justice are the hope for small people but truth is, money and power connection rule Korean people? That justice are only on paper issued by the court, while there is no enforcement to ensure that such judgment will be follow? Are South Korean dare to claim themselves as develop country? What a joke…To rub salt JYJ wound, I was told that Uknow now is Sm shareholders. (Here I am thinking that maybe Homin and JYJ can reunite – silly me) If South Korean dont know JJ, Yoochun and Junsu value, I suggest they just hand them over to other country like Japan. I am sure Japan or Autsralia will accept JYJ as their citizen anytime. See what you are losing then. To South Korean fans, I apologise. But your Korean entertainement leaders are really too much..
I wonder what’s new about it
Reblogged this on JYJ's Fan Worlds and commented:
i pray that with this event, our boys path for get back their Right as an entertainer gonna be more opened…….(amin….) i hope with the statement from FTC now, those TV broadcast especially entertainment industry started to considered for invite our boys to come to their show and stop being so coward and stop to be so obeyed to SM and their cronies……..It’s really very long long way not only for our boys but also for us, their families, friends and people who really care about this case also care about our boys…..I know it’s not over yet but even though .it’s slow progress but i always believed that it’s gonna bring a positive result for our boys….
“SM Entertainment, on the other hand, said about the decision, “We′re sorry such a decision was made because we′ve never interfered [with JYJ′s promotions]. SM is considering taking legal measures on the decision.””
stfu SM >.>
Get LOST SME!!
WTF?! SM is still fighting back?! The whole @#$!# world knows that SM practices bullying and blacklisting yet they’re “taking legal measures.”
I really hope SM stocks go down the drain and karma kicks SM’s butt soon!
Reblogged this on Victoria2070a.d.blog.
Great news on my birthday! That was the BEST birthday present ever in my life! JYJ keep on fighting! We are here for the three of you!
OMG…OMG…this news brought me to tears ㅠㅠㅠㅠ Finally..thanx god! Thanx The Fair Trade Commission (FTC)…
JYJ fighting~!!! JYJers Fighting~!!!
go to hell SME~!!!!!
Fighting, JYJ!!!
Sadly this order were made when it’s nearly the time for JYJ members to enlist.
I just KNEW that SM was carrying out evil undercover activities against JYJ!! Now their back room dealings have come to the light! I just hope that the Federal Trade Commission will not drop their guard against SM–this is an evil company. I know SM’s CEO is behind this whole campaign. He is like the Korean mafia. He is the worst of the worst and his activites should be thoroughly investigated at all times!
I just KNEW that SM was carrying out evil undercover activities against JYJ!! Now their back room dealings have come to the light! I just hope that the Fair Trade Commission will not drop their guard against SM–this is an evil company. I know SM’s CEO is behind this whole campaign. He is like the Korean mafia. He is the worst of the worst and his activites should be thoroughly investigated at all times!
This may be an never ending story since SME denied that they never interfere with JYJ’s activities and they might be taking legal actions about the decision of FTC but as fans we are not shaken by this because we know the truth will come out and SME can never turn JYJ down ( as the saying says “You can never turn the GOOD MAN down”)
“As part of the corrective measure, the KFPCAI will have to issue a statement to the 12 organizations and companies that make up the KFPCAI as well as 26 companies, including broadcast stations and music distribution sites, regarding the sanction they have been issued by the FTC.”
This is the real deal. If SM and KFPCAI wants to prove that they are innocent, they have to void the official letters. The truth is, since the letter was issued back then in 2010, all we hear is SM denied that it was an official letter, but it has been proven that the letter was indeed an official document. Until now, there has been no reports made about the letter being suspended, thus this “BAN” continues for God knows how long it will last. We should watch the continuation of this order.
Many strength to all the peoples supporting JYJ! Many thanks to KFTC, DNBN JYJ team, K-fans and I-fans!
This unfair and unprofessional behaviour is SULLYING THE REPUTATION OF THE K-POP INDUSTRY AROUND THE WORLD! JYJ should be free to promote their music just like any other band IN SOUTH KOREA! They must be able to appear on MUSIC, RADIO and VARIETY SHOWS and ESPECIALLY at the Incheon Games they WORKED SO HARD, AS OFFICIAL AMBASSADORS, TO PROMOTE! STOP THE CORRUPTION! International fans don’t like it!