Official statement of C-JES Entertainment regarding FTC’s correction order against the activities of SM Entertainment and Korea Popular Culture and Art Federation to hinder JYJ’s activities as singer.
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.
Reference 2: Conclusion of the legal dispute between JYJ and SM Entertainment in November 2011
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.
Source: C-JeS Official Website
Shared by: JYJ3
Tagged: C-JeS, JYJ, KFPCAI, KFTC, Korean Fair Trade Commission, SM
I will only REALLY happy if i can see JYJ on the SK tv shows. Because that proves the order is followed & StupidMoron Ent wouldn’t be act like a mighty bully.
@ramenswk LOL, I love your comment “StupidMoron Ent” so funny but so correct!!!!!!!!!!!!!!!!!!!
yay I agree. StupidMoron Ent that so cool name
Here’s my like button. 😀
My response
@ramenswk
I continue to be absolutely amazed that people can actually support this unethical snakepit of a company, SM. How they’ve been able to just turn away and pretend they don’t see what has been going ON here for the last 3 years! Well, this is another MAJOR blow to their image, to their “respectability” and I fervently hope their stock will once again go into freefall over this latest proof that they are thieves and gangsters.
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 will be really happy if there was one station that did not fall for this bias and blocked JYJ so know one of the same stations will reap the rewards for hosting them… I wonder what can be done hint hint.
Reblogged this on Three hundred Fourty and Five.
Let’s celebrate for our guys!!
No matter what happens in the future, we will stand by side JYJ.
Hope tomorrow will be better than today.
Reblogged this on murasaki 紫 and commented:
I strongly believe in retribution.
It’s been 4 years, will it be a turning point? Let’s see @@ JYJ fighting!!
JYJ Fighting!! We still here for you guys and believing you can make it until the end. We love you!
I’m so happy today, the first thing i do when i wake up everyday is check JYJ3.net for some news about our boys.
i was like WOW!! so many tweets and posts!!
but then again let’s not celebrate too soon, we all know who we’re dealing with. it’s freakin SM!! Y_Y
The battle is not over yet.
Finger cross…..hope that they r able to appear in in Korea TV…..
i pray that after this news,JYJ can freely guess to the all broadcasting station.!
Reblogged this on JYJ's Fan Worlds.
But will this really make a difference? I might be being too cynical, but everybody already knows that SM is blocking JYJ….. if they get no “punishment” then SM will just continue to deny and they can issue warnings all they want, it doesn’t make a difference. 😦
I know. I’m hoping more than a warning is issued. But this bad publicity for SM will hopefully rattle their smug composure a bit & also make them realise that a lot of international fans are watching both SM & S Korea & that we are very aware of their illegal & unethical actions against JYJ & that we’re willing to fight to the end for our boys freedom & fair playing field.
@Qwerty, it might be a little step, but it is a step, and in the right direction. Maybe it won’t change everything, or fix things right now or change all the injustice against the guys. but it is a start. Remember “The journey of a thousand miles starts with a single step”. I feel that we are walking along side with the guys and we may be far from the end of our journey, but we are heading in the right direction. Today I feel like we turned a corner and now I see the most beautiful view starting to appear.
i do think it will help. one of those little steps leading to change and freedom for JYJ. it is official and one more thing to hold against sm if they dare to continue their unfair practices! step by step is the way to their freedom. and proving over and over again that they have rights will get them those rights!
Just Finished Translating This Article Into Arabic ^^ and i was jumping like crazy while Doing that ❤ Thank U JYJ … Thank U C-jes … Thank U FTC … HURRAYYYYYYYYY 😀
* Dun Worry admins Am Keeping The rules n Proper Credit *
I feel good about this. Look at what happened with Junsu and LOEN, it is something unprecedented, at least in the JYJ fandom where all we see are doors opened to be shut closed again and again again. It is a sign that big companies cannot easily take JYJ for granted anymore.
And I think this FTC correction order does count. So what if it took them a long time? Just having a legitimate body come out and say such categorical statement against SM already says a lot. At least they will have no more excuse. However, they should follow through with the execution of their decision, like how would the future offenders be dealt with?
凸'へ'凸 that Stupid Moron [copy this name idea from @ramenswk] suits well huh! hahaha…
way to go JYJ…I’ll be waiting for these 3 voices to appear in any of SK broadcasts then…
This news makes me happy.