[ENGLISH VERSION]
False postings about the preliminary injunction order for the invalidation of the exclusive contract obtained by JYJ against SM Entertainment Inc. (“SM”) in 2009 and the conciliation reached in 2012 between JYJ and SM have recently swept the Internet. As such postings have caused confusions among fans at home and abroad not fully aware of the factual background, C-JeS Entertainment Corp. (“C-JeS”) will explain JYJ’s position below to avoid any further confusions.
On July 31, 2009, JYJ filed a request for a preliminary injunction to invalidate the exclusive contract with SM, and on October 27, 2009, the 50th Civil Division of the Seoul Central District Court (Presiding Judge: Byung-Dae Park) rendered a decision granting such request. The court ordered that “SM shall not, contrary to JYJ’s will, negotiate or enter into a contract with a third party for JYJ’s appearance in any TV program or movie, their participation in any performance or concert, their production of music records or their participation in any entertainment event or activity, or request third parties, including broadcasting companies, music production companies and concert agencies, to terminate their relationship with JYJ to interfere with JYJ’s engagement in any entertainment activity.” The court’s reasoning behind such order was that ① the exclusive contract between SM and JYJ allows SM to exercise unreasonable control over JYJ through its superior position, and imposes payment of excessive compensations or unjust burdens seriously infringing JYJ’s economic freedom and fundamental rights and, therefore, can be considered to be void or being invalidated as a legal action against good moral and social order, and ② given SM’s influence on the Korean entertainment market, a protracted litigation will likely substantially restrict JYJ’s entertainment activities, which may raise not only economic concerns but also cause serious infringement of JYJ’s fundamental rights under the Constitution, including their freedom of occupation and the freedom of activity.
SM filed an objection against the preliminary injunction order, however, the 50th Civil Department of the Seoul Central District Court (Presiding Judge: Sung-Joon Choi) dismissed SM’s objection and upheld the original preliminary injunction order on February 15, 2001, stating that ① the exclusive contract between SM and JYJ constitutes an “exclusive contract on a subordinate relationship” under which the entertainer does not have an independent decision-making right but must follow the agency’s unilateral instructions, and such defect in the exclusive contract caused by the difference in the bargaining power of the parties was not cured until the execution of the fifth supplementary contract, and ② the 13-year contract term, which we find to be excessively long, must be limited to a reasonable period to protect JYJ’s personal rights and their freedom of occupation and minimize side effects resulting from JYJ’s engagement in activities against their will, and such long term “exclusive contract on a subordinate relationship” cannot be justified by arguing that such contract was necessary for SM to reduce its investment risks or help JYJ enter overseas markets smoothly.
The preliminary injunction order had been possible thanks to JYJ’s courageous decision and prompted the Korea Fair Trade Commission to establish a standard form of exclusive contract to rectify unfair contractual relationships prevalent in the entertainment industry. Several entertainment agencies voluntarily took the initiative to improve their systems so that more entertainers have negotiating powers commensurate with those of entertainment agencies.
Some people, however, have recently been disseminating groundless rumors described below based on certain record on conciliation negotiation between JYJ and SM:
① Some people alleged on the internet that the exclusive contract between SM and JYJ was not unfair on the grounds that the settlement amount SM paid to JYJ was smaller than the amount originally claimed by JYJ, and that SM paid such amount to JYJ only to settle the amount that should have been paid to JYJ in 2009 but was not paid due to the lawsuit. However, JYJ agreed to reduce the settlement amount in order to settle the dispute as soon as possible, fearing protracted litigation will only waste the time and money and may make it impossible for JYJ to take part in the entertainment business of their own will for the litigation period.
② Other people alleged on the internet that JYJ executed the 13-year long-term exclusive contract at the request of TVXQ members’ parents. The court, however, found that the members’ negotiating powers were at their lowest at the time they signed their exclusive contract, which was right before the release of their debut album on January 14, 2004, and it is unfair and against good moral and public order for SM to have JYJ sign a long-term exclusive contract taking advantage of the situation where there is no alternative choice.
③ People also alleged on the internet that the Korea Fair Trade Commission’s order to take corrective measures is only applicable to those contracts between SM and its trainees. In fact, the Korea Fair Trade Commission has repeatedly issued orders to take corrective measures with respect to the exclusive contracts between the entertainment agencies and their entertainers. The controversy on the fairness of such contracts became widespread after the problems and issues related to the contracts between agencies and their trainees were raised.
C-JeS decided to take stern legal actions against the illegal activities distorting the court’s decision in the preliminary injunction order and the conciliation between JYJ and SM based on false rumors and damaging JYJ’s reputation. For the reasons described above, C-JeS has filed a complaint against those who spread false rumors described in this statement for the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (defamation). C-JeS hopes this statement will help all JYJ fans confirm the truth and will prevent any further misunderstanding.
※ Attachment: Seoul Central District Court’s Order dated October 27, 2009, Preliminary Injunction for the Invalidation of the Exclusive Contract, Case No. 2009Kahap2869 https://goo.gl/We0zk0
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[KOREAN VERSION]
최근 인터넷상에서 JYJ가 2009년 ㈜SM엔터테인먼트(이하 ‘SM’)를 상대로 받아낸 전속계약효력정지가처분결정 및 2012년 양 당사자 사이에 이루어진 조정 내용에 관한 허위 게시물들이 난무하고 있습니다. 이로 인해 사실관계를 정확히 알지 못하는 국내외 팬들이 혼란을 겪고 있는바, ㈜씨제스엔터테인먼트는 이를 바로잡기 위하여 아래와 같이 JYJ의 입장을 설명합니다.
JYJ는 2009. 7. 31. SM을 상대로 전속계약의 효력정지를 구하는 가처분을 신청하여, 2009. 10. 27. 서울중앙지방법원 제50민사부(재판장 박병대)로부터 가처분인용결정을 받았습니다. 주문의 내용은 ‘SM은 JYJ의 의사에 반하여 방송ㆍ영화출연, 공연참가, 음반제작, 각종 연예행사 참가 등 연예활동에 관한 제3자와의 계약을 교섭ㆍ체결하여서는 아니 되고, 방송사ㆍ음반제작사ㆍ공연기획사 등 제3자에게 JYJ와의 관계 중단을 요구하는 등으로 JYJ의 연예활동을 방해해서는 아니 된다’는 것이었습니다. 재판부는 그 이유로 ① SM과 JYJ 사이의 전속계약은 SM이 우월한 지위를 이용하여 부당한 지배력을 행사하고, JYJ에게는 지나친 반대급부나 부당한 부담을 지워 그 경제적 자유와기본권을 과도하게 침해하는 것으로 선량한 풍속 기타 사회질서에 위반한 법률행위로서 무효이거나 이미 그 효력이 소멸되었다고 볼 여지가 상당하며, ② 국내 연예시장에서 SM이 갖는 영향력을 감안할 때 소송이 장기화될 경우그 기간 동안 JYJ의 연예활동은 크게 제약될 것으로 예상되고, 이것은 단순한 경제적 측면을 넘어 JYJ의 직업선택의 자유와 활동의 자유 등 헌법적 기본권에 대해서까지 심각한 침해요소로 작용될 우려가 있다고 판단하였습니다.
이러한 결정에 대하여 SM은 이의를 신청하였으나, 서울중앙지방법원 제50민사부(재판장 최성준)는 2011. 2. 15. ① SM과 JYJ의 전속계약은 연예인이 독자적 의사결정권을 가지지 못하고 기획사의 일방적인 지시를 준수하도록 되어 있는 ‘종속형 전속계약’으로서, 협상력 차이로 인한 전속계약의 하자는 5차 부속합의에 이를 때까지 해소되지 못하였으며, ② 지나치게 장기간인 13년의 계약기간은 JYJ가 자신들의 인격 및 직업선택의 자유를 지키고 의사에반하는 활동으로 겪는 부작용을 최소화하기 위하여 합리적인 범위로 제한되어야 하며, SM의 투자위험 감소나 안정적인 해외진출 등의 명분으로 장기간의 종속형 전속계약이 정당화될 수는 없다고 명시하면서 이의신청을 기각하고 원결정을 인가하였습니다.
JYJ의 용기 있는 결단에 따른 위 가처분 결정을 전후로, 공정거래위원회는 연예계 전반에 퍼져 있는 불공정한 계약관계를 시정하기 위해 표준전속계약서를 마련하였으며, 몇몇 기획사들은 자진하여 시스템 개선을 도모함으로써보다 많은 연예인들이 기획사와 대등한 지위를 회복할 수 있는 계기가 되었습니다.
그럼에도 불구하고, 최근 일부 네티즌들은 JYJ와 SM의 조정조서를 입수한 후 이를 왜곡하여 허위 주장을 퍼트리고 있습니다. 해당 게시물에 나타난 허위의 내용은 다음과 같습니다.
① 일부 네티즌들은 SM이 JYJ에게 지급한 금액이 JYJ가 애초에 청구했던 금액보다 적다는 이유로, 전속계약은 불공정하지 않았으며 2009년 소송을 하느라 JYJ가 받지 못한 정산금을 지급한 것 뿐이라고 주장하고 있습니다. 그러나 실제로는 소송이 장기화되면서 시간과 비용만 소모되고 자신들이 뜻하는 연예활동을 펼치지 못할 것을 우려한 JYJ가, 지급 받을 금액을 줄여주는 방향으로 양보하는 대신 분쟁을 빨리 종료시키기로 합의한 것입니다.
② 또한 일부 네티즌들은 JYJ가 13년이라는 장기 전속계약을 체결한 이유가 동방신기 부모님의 요청 때문이라고 주장하고 있습니다. 그러나 사실은 2004. 1. 14. 데뷔앨범 출시를 눈앞에 두고 멤버들의 협상력이 최저에 있는 상황이었고, 이러한 선택의 여지가 없는 상황을 이용하여 장기간의 계약기간을 강요하는 것은 선량한 사회질서에 반하여 불공정하다는 것이 법원의 판단입니다.
③ 일부 네티즌들은 공정거래위원회의 시정명령이 SM과 연습생 사이의 계약에 국한된 것이라고 주장하고 있습니다. 그러나 공정거래위원회는 기획사와 연예인과의 전속계약에 대하여 이미 수 차례 반복하여 시정명령을 내린바 있고, 최근 연습생과의 계약도 이슈가 되면서 계약의 공정성 문제가 확대된 것입니다.
이에 따라 ㈜씨제스엔터테인먼트는 허위의 사실을 내세워 결정 및 조정의 의미를 왜곡하고 JYJ의 명예를 훼손하는 행위에 대해서는 단호하게 법적 조치를 취하기로 하였으며, 그 일환으로 허위 게시물의 유포자에 대하여 정보통신망 이용촉진 및 정보보호 등에 관한 법률 위반(명예훼손)의 혐의로 고소장을 제출하였습니다. 아무쪼록 많은 팬 여러분들이 진실을 확인하고 더 이상 오해하는 일이 없기를 바랍니다.
※ 첨부 : ① 서울중앙지방법원 2009. 10. 27.자 2009카합2869 전속계약효력정지가처분 결정 ② 서울중앙지방법원 2012. 11. 28.자 2010카합65448 조정조서(조정조항 중 제3자에 대한 공개가 불허된 2.항 제외)
https://goo.gl/We0zk0
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[JAPANESE VERSION]
最近インターネット上で、JYJが、2009年㈱SMエンターテインメント(以下「SM」といいます。)を相手に受けた専属契約効力停止仮処分決定、及び、2012年両当事者の間に行われた調停の内容に関する虚偽の掲示物が飛び交っています。そのため、事実関係を正確に分からない韓国内外のファンが混乱しているところ、㈱C-JeSエンターテインメントは、これを正すため、以下の通りJYJの立場を説明します。
JYJは、2009年7月31日SMを相手に、専属契約の効力の停止を求める仮処分を申請し、2009年10月27日ソウル中央地方法院第50民事部(裁判長パク・ビョンデ)から仮処分認容決定を受けました。主文の内容は、「SMは、JYJの意思に反して、放送・映画出演、公演参加、レコード製作、各種の芸能イベントへの参加等、芸能活動に関する第三者との契約を交渉・締結してはならず、放送会社・レコード製作会社・公演企画会社等の第三者に対し、JYJとの関係の中断を要求する等により、JYJの芸能活動を妨げてはならない。」というものでした。裁判部は、その理由として、① SMとJYJの間における専属契約は、SMが優越な地位を利用して不当な支配力を行使し、JYJに対しては行過ぎた反対給付や不当な負担を負わせ、その経済的な自由と基本権を過剰に侵害するものであり、善良な風俗その他社会秩序に違反する法律行為として無効であるか、又は、既にその効力が消滅しているとみる余地が相当あり、② 韓国の芸能市場においてSMが有する影響力を勘案すると、訴訟が長期化する場合、その期間中にJYJの芸能活動は大きく制約されるものと予想されるが、これは、単なる経済的な側面を超え、JYJの職業選択の自由と活動の自由等の憲法的基本権についてまで、深刻な侵害要素として作用するおそれがある、と判断しました。
上記のような決定に対し、SMは、異議を申し立てたものの、ソウル中央地方法院第50民事部(裁判長チェ・ソンジュン)は、2011年2月15日に① SMとJYJとの専属契約は、芸能人が独自の意思決定権を有せず、企画会社の一方的な指示を守るようになっている「従属型専属契約」として、交渉力の差による専属契約の瑕疵は、5次付属合意に至るまで解消されておらず、② 余りにも長い13年の契約期間は、JYJが自分らの人格及び職業選択の自由を守り、意思に反する活動による不作用を最小化するために合理的な範囲に制限しなければならず、SMの投資リスクの減少や安定的な海外進出等の名分で長期間にわたる従属型専属契約が正当化され得ないと明示して異議申立てを棄却し、原決定を認可しました。
JYJの勇気ある決断による上記の仮処分決定を前後に、韓国公正取引委員会は、芸能界の全体に横行している不公正な契約関係を是正するため、標準専属契約書を設けており、いくつかの企画会社は進んでシステム改善を図ることで、より多くの芸能人が企画会社と対等な地位を回復することができる契機になりました。
それにもかかわらず、最近一部のネットユーザーは、JYJとSMの調停調書を入手し、これを歪曲して虚偽主張を流しています。該当掲示物上の虚偽の内容は、次の通りです。
① 一部のネットユーザーは、SMがJYJに対し支払った金額が、JYJが最初請求した金額より少ないとの理由から、専属契約は不公正なものではなく、2009年に訴訟のためにJYJが受け取れなかった精算金を支払っただけである、と主張しています。しかしながら、実際には、訴訟が長期化して時間と費用ばかり消耗され、JYJが望んでいる芸能活動を繰り広けることができなくなることを懸念したJYJが、支払いを受ける金額を減らす方向で譲る代わりに、紛争を早期に終了させることで合意したものです。
②また、一部のネットユーザーは、JYJが13年という長期の専属契約を締結した理由が、「東方神起」メンバーらの親からの要請のためであると主張しています。ところが、事実は、2004年1月14日デビューアルバムの発売が迫っていたとき、メンバーらの交渉力は最低のもので、このような選択の余地のない状況を利用し、長期間にわたる契約期間を強要することは、善良な社会秩序に反して不公正であるというのが、裁判所の判断です。
③ 一部のネットユーザーは、公正取引委員会の是正命令が、SMと練習生との間における契約に限られていると主張しています。しかしながら、公正取引委員会は、企画会社と芸能人との専属契約に対し既に数回にわたって繰り返して是正命令を出しており、最近練習生との契約もイシューとなって契約の公正性問題が拡大したわけです。
上記を受け、㈱C-JeSエンターテインメントは、虚偽の事実をもって決定及び調停の意味を歪曲し、JYJの名誉を毀損する行為に対しては、断固として法的措置をとることにしており、その一環として、虚偽掲示物の流布者に対し、情報通信網利用促進及び情報保護等に関する法律違反(名誉毀損)の嫌疑に告訴状を提出 したことをお知らせします。何卒、多くのファンの方々が真実を確認し、これ以上誤解することがないことを願います。
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[CHINESE VERSION]
最近互联网上有关2009年JYJ诉株式会社SM Entertainment（下称“SM”）而获得的停止专属合同效力的诉前保全裁定以及2012年双方当事人之间达成的调解内容的虚假信息泛滥成灾。这使得不能准确了解事实关系的韩国和海外粉丝陷入混乱，因此（株）C-jes Entertainment表明JYJ的立场如下，以正视听：
2009年7月31日，JYJ针对SM向法院提起了停止专属合同效力的诉前保全申请，并于2009年10月27日从首尔中央地方法院第50民事部（审判长Park Byung-Dae）处获得了诉前保全裁定。裁定的内容是：“SM不得违背JYJ的意志而与第三方谈判、签订关于出演影视节目、参加演出、制作唱片、参加各种演艺活动等的合同，也不得通过要求广播电视公司、唱片制作公司、演出企划公司等第三方中断与JYJ的关系等方式来妨碍JYJ的演艺活动”。裁判部的理由是，①SM和JYJ之间签订的专属合同是SM利用其优势地位不当行使控制力，使得JYJ支付过高的对价或不当负担过重的责任而过分侵犯其经济自由和基本权利的合同，属于有悖于善良风俗及其他社会秩序的法律行为，很大程度上应视为无效或者其效力已经消灭；②鉴于SM在韩国演艺市场上所拥有的影响力，若诉讼走上长期化，预计将导致JYJ在该期间的演艺活动严重受限，判定这已经超越了简单的经济层面，还有可能严重侵犯JYJ选择职业的自由以及开展活动的自由等宪法赋予的基本权利。
对于上述裁定，虽然SM提出了异议申请，但首尔中央地方法院第50民事部(裁判张 Choi Sung-Joon)于2011年2月15日驳回异议申请并维持原判，认为①SM和JYJ的专属合同属于不允许艺人享有自行决策权并使其遵守经纪公司单方面做出的指示等的“隶属性专属合同”，因协商能力的不同而发生的专属合同的瑕疵截至签订第5次附属协议时为止仍然未能得到解决；②13年的合同期间过长，应限制在合理的范围内，以使JYJ保护自己的人格及选择职业的自由，并最大限度地降低其因进行有悖于自己意志的活动而遭受的负面影响，SM不得以减少投资风险或稳定地打入海外市场等名目而赋予“长期隶属性专属合同”正当性。
在JYJ鼓起勇气作出决断而获得上述诉前保全裁定前后，公正交易委员会为了纠正蔓延整个演艺界的不公平合同关系而制作了标准专属合同，有些经纪公司自行改善内部系统，从而成为了更多的艺人恢复和经纪公司对等地位的契机。
尽管如此，最近部分网民拿到JYJ和SM之间的调解书后，加以歪曲而散布虚假信息。该等文章中显示的虚假内容如下：
① 部分网民以SM向JYJ支付的金额低于JYJ当初要求的金额为由，主张专属合同并非不公平，只是支付2009年JYJ因进行诉讼而未收取的结算金而已。但实际上，诉讼走向长期化，JYJ担心只是耗费时间和费用，以后其不能展开所希望的演艺活动，因此JYJ做出让步而减少其应收取的金额，作为对价尽快终止纠纷，从而达成了协议。
② 并且，部分网民主张JYJ签订长达13年的专属合同是由于东方神起父母的要求。但事实是，法院判定2004年1月14日出道唱片发布之前，组合成员们的协商力处于最弱状态，利用组合成员没有其他选择余地的这种状况而强制要求长期的合同期限的行为，因有悖于善良的社会秩序而不公平。
③ 部分网民主张公正交易委员会的纠正命令仅局限于SM和练习生之间的合同。但是，公正交易委员会曾对经纪公司和艺人之间的专属合同反复多次下达纠正命令。而最近和练习生之间的合同也成为热门话题，使得合同的公平性问题进一步扩大。
据此，（株）C-jes Entertainment决定对凭虚假信息歪曲裁定和调解的意义并毁损JYJ名誉的行为，坚决采取法律措施，作为其中一环，本公司已提交了告发状，告发散布虚假信息的人涉嫌违反《关于促进信息通信网的利用以及保护信息等的法律》（名誉毁损）。希望各位粉丝确认真相，不要再产生误会。
※ 附件：首尔中央地方法院 2009. 10. 27. 2009KA HAP2869停止专属合同效力的诉前保全裁定
https://goo.gl/We0zk0
Source: CJeS Entertainment
Photo Credit: Mitsumani
Shared by: JYJ3
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CJESJYJ Facebook Update:
Source: CJESJYJ Facebook
Shared by: JYJ3
JYJ3 
When can all these funny people stop?! Will always support JYJ!!
CJes should really sue that people!!! They are really crazy. They spread rumors and other stupid people believe them. This must stop!!!….
It is necessary to correct date in english text: on February 15 2011 (SM filed an objection against the preliminary injunction order, however, the 50th Civil Department of the Seoul Central District Court (Presiding Judge: Sung-Joon Choi) dismissed SM’s objection and upheld the original preliminary injunction order on February 15, 2001, stating that…)
Thanks, Nika. I was wondering what the correct date was,,,
Thank you CJeS for taking this bold decision. JYJ have suffered and tolerated so much and for so long that some people are beginning to think they cannot fight back and have nobody to defend them. So they continue wagging their tongues and their tails for their masters.
CJeS and JYJ we stand solidly behind you. Now that Jaejoong has completed his tour so successfully and has received so many awards just in the three month since his discharge, the envy and hatred against their success grows in geometrical proportion.
Those who spread the rumors are HoMin stans…i seriously don’t understand them, what do they get from defending a slave company? How many lawsuits should be filled against SM until they realize this company treats their artists poorly? These duo stans are hopeless! If they want to kiss LSM&KYM ass they should do it quietly and leave JYJ alone!
I don’t understand them too it’s 2017 why are they still trying to hurt JYJ as much as they can, seriously I’m thankful that JYJ never made us hate those two to the point that we’re trying to ruin them all the time like HoMin stans do for JYJ, the reason why those stans hate JYJ so much is because of the way the Duo talked bad about JYJ in the past, that’s why honestly nomatter how JYJ try to make us forgive those two and act like they did them nothing wrong, I will never forgive them because they never tried to fix the results of the hate they implanted in their fans hearts against JYJ, they know very well what they fans are doing to JYJ yet they never tried to stop them until now meanwhile JYJ especially Jaejoong and Yoochun always tried to make these immature fanwars end.
I understand well that Homin made a Devil’s bargain with SM in order to continue to have ANY KIND OF CAREER WHATSOEVER after the departure of JYJ, the heart and soul of their former group, They sold themselves to that Devil and there’s no doubt that they were regularly called upon by the company to slander and disparage JYJ in the media – a considerable arena that they now exclusively had at their disposal while JYJ could not be seen on TV or heard on radio, could not be given equal time to defend themselves.
I don’t feel particularly “bad” for them; I know what a terrible thing they did and I imagine that it must be very hard to live with themselves, especially since SM’s vicious threats to end JYJ’s careers and render them penniless have been proven rather spectacularly wrong.
Furthermore, If Homin had only left with JYJ as a unit, as brothers, willing to fight SM together, SM most certainly would have HAD to sit down at the bargaining table and work out a better deal for all 5 members. The members would have felt that they were finally listened to and had their needs addressed and DBSK would have remained together, with SM as their management. The whole situation was so colossally badly handled: the arrogance and villainy of SM’s actions simply cannot be overestimated here. That’s why It is so obvious to me that it was ultimately SM’s actions that were directly responsible for the break up of DBSK, not JYJ’s.
A centuries old strategy of divide and rule. And it’s always the weaker, the less adequate that succumbs to threats or temptation. This reason alone made me lose respect for Homin and since Keep Your Head Down I have not cared to listen to them at all,
Only occasionally I have been misled to listen to an old favourite DBSK song to discover it’s the duo singing it. To see them sing the lines of JYJ and ride on their glory makes me not only lose respect for them, but I feel disgusted that they behave as if that was their original song.
And of course “keeping Homin,” two of the original members, is exactly why SM is able to allow them to sing any and all songs in the DBSK catalog, while apparently not allowing JYJ to do the same. This is a part of Korean music publishing law that I am still hazy on and I’ve never understood. In the U.S. there could be no possible injunction imposed on an artist singing their own songs (including even songs they wrote!) after departing from their original label. For that matter, having your record company be your management company which is also your publishing company would also be indefensible in a U.S. court of law – it’s a huge conflict of interest! But that’s the way they do things in Korea. *rolls eyes* In the last couple of years or so JYJ has begun to very cautiously sing parts and pieces of their old songs in concert so perhaps something has changed. Not speaking the language, it’s hard for me to finds out what might have changed. It could simply be the members’ hearts… we just don’t know.
But hanging onto at least 2 members was essential for SM at the time of the split. That meant that they could continue to exploit the extensive hit catalog of DBSK. If all 5 members had left together, they would not have been able to do that because they didn’t own the name DBSK/TVXQ. Oh, they’d TRIED repeatedly to get ownership of the name but the court keep rejecting their claims; it said that the name belonged to the 5 members. So the only way SM could continue to make money exploiting the legacy and success of the 5 member group, arguably the biggest money-making act they had at the time, was to retain at least 2 members.
And by keeping the original name they are also misleading new fans who had only heard of the legendary TVXQ that they are those legends. Over last weekend I had a very embarrassing experience with a young Japanese girl visiting my cousin. (btw, I am spending a month in Europe in between contracts) So my cousin finds out she likes Tohoshinki and brings her over to me since she remembers that in my school days I used to like them. Then it turns out the girl is into Homin and doesn’t even know Tohoshinki used to be five. I am now in the process of converting her to JYJ.
How can I not despise them?
I think the bits they were singing, especially Begin, which they sang at their last concert is slightly different case because it is in Japanese and was composed by Kumi Koda? and may be he or Avex gave them the permission to sing it. And you saw how emotional they were when singing and remembering. I do not see such emotion from the other two when they sing their old songs.
It’s easy to become enraged by the things SM and Homin have done. I reached maximum capacity for outrage many moons ago, only because in my experience here in the U.S. JYJ’s hard journey towards artistic independence would not have ever needed to happen.
I can’t understand the laws in Korea or the climate of corruption that still keeps JYJ off domestic televised music and variety shows.
Then I think of how hard the members of JYJ have had to work, how relentlessly they’ve pursued excellence in what they do, how full of cheer and hopefulness they’ve always appeared in front of their fans and how many good works they’ve done. SM has unwittingly done them a great service. But attempting to hold them back and thwart their every move, they’ve made JYJ stronger, more resilient and determined than anyone could ever have imagined.
Same.
It confuses me when there are articles about military accolades of the two because they have been shown to be cowards in actual life, so how will they prove their bravery in times of war?
@lilbaiyu
Since i’ve known JYJ…at first i thought DBSK 5 members was only the usual case scenario of breaking apart and moving to further their growth but i’ve seen it is much worse..with all of these i never heard or known JYJ putting those two (Homin) in a bad light…
what you have said is true, if they could all get out as five and fight together they could get a better deal at bargaining position..SM wouldn’t take that risk to be as 5 members outside their hold..having control of the 2 members they still have a leverage over JYJ..
In my twisted way of thinking, SM wouldn’t let go of those two,the more so right now or the coming future..giving their full support to the duo…what made me so mad about Homin stans is their biases has bigger platform, not blacklisted or banned,can utilized all promotions in whatever activities they are doing..but they keep doing this shitty things.
Yes, it truly is a terrible state of affairs. But such is the power of SM in Korea. There doesn’t seem to be any limit or consequences to the dirty tricks they will do to try to shut down JYJ. They have destroyed their reputations as an ethical company long ago. Now they just rely on their very young and clueless customers who love EXO, etc, who either don’t have any idea who they are supporting with their money or just want what they want and don’t care about the appalling things SM has done.
HoMin stans are still trying to hurt JYJ because they know (even if they don’t want to admit) that the trio is better than the duo. They know that if JYJ will be able to promote on TV then their precious oppars will be overshadowed by JYJ. Without SM, HoMin wouldn’t survive, if HoMin would have been in JYJ’s place, they wouldn’t be able to have a succesful career. They released an album that wasn’t promoted on TV and barely sold 40k on Hanteo…imagine if they couldn’t promote on TV for 8 years. And what can you expect from HoMin, they are two cowards who sided with that slave company and attacked JYJ on TV…i don’t know about you, but i see them as SM’s puppets, two puppets who were afraid to go against SM (even though at the beginning all 5 wanted to leave that company but the two cowards changed their mind) and decided to bash JYJ. Disgusting!
Agree
I have felt the same way as you for a long time, Evelyn.
Totally agree with you!!
This subject has long been a source of passionate rancor among OT5 fans, Homin fans and JYJ fans and a topic that has produced anger and occasionally long diatribes on both sides of the issue. I am guilty of not a few of those diatribes so I know they’re out there, still, somewhere floating around the internet because a Homin stan once declared on AllK-Pop that he knew me to be a crazed JYJ fan and a quick Google search of my name would produce volumes of “evidence” to that fact so therefore all my comments should be immediately discounted. Lol While it may yet be determined that my comments are all worthless nonsense not fit for the time it takes to read them, I have done a bit more thinking about this topic today because as I recall, even way before Homin ever made the decision they made and were still seemingly happily functioning as members of DBSK/TVXQ, as someone who has worked with singers for a long time, I often found myself wondering just what exactly Homin were even doing in a singing group alongside the caliber of singers as what later became JYJ. I knew… “dancers,” yes and space fillers, obviously, but beyond that? Hard to figure. And here I must give full credit to SME in this one area – they do seem to have a real knack for finding great young talent and signing them up to within an inch of their lives. But Homin – I didn’t get it. What I immediately got though was why it was so easy for SM to coerce them into making the decision to stay with the company which they did. First of all, they believed that SM would indeed make good on their threats to ruin those who left them. Homin was famous and wanted to stay famous. They didn’t want to take any sort of gamble with what they had, slavishly exhausting though it was. But why, when they probably knew that their decision would put JYJ instantly at a huge disadvantage in their own bargaining position, would most likely render their demands for a fairer contract moot? My opinion has always been it was because they knew in their hearts that as singers they needed every single trick of recording, pitch averaging and vocal enhancement, every bought chart position, every compromised music show and payola-ed awards ceremony that SM could finesse and buy for them. They also knew that as members of DBSK they would never ever be featured vocalists, only glorified back-up singers, which is what I always thought they were. They needed SM and SM needed them to continue to exploit the ultra-valuable name of DBSK/TVXQ. Having heard a live, unre-recorded audio of a few of their performances in concert, just literally cringing at the level of weak, bad singing, which I would characterize as “Not In Any Way Of Professional Quality” I have not had any reason to change my mind about their competence or their true motives.
I agreed 100% about what you said toward Homin…the lack self confidence to pursued their career without SM help cause their lack of vocal and up till now I too agreed to your say “I have not had any reason to change my mind about their competence or their true motives.”
@evelyn
Homin were complicit with sm in spreading the lies that JYJ betrayed them, that they had no idea JYJ were planning to leave until it happened, that they left for reasons of greed & selfishness. They even perjured themselves signing a legal document that JYJ left because of Crebeau when they knew that was a blatant lie. & by doing so they told their fans that their own lies & that sm’s lies & attempts to ruin JYJ’s career were the truth & the right thing to do, & that encouraged their fans to hate JYJ, to blame them for the split, to blame them for abandoning & hurting Homin & that JYJ did it for no other reason than greed & selfishness. Homin’s lies & their behaviour post-split essentially taught & encouraged their fans to hate & bash on JYJ & those fans have been doing it ever since. & to this day, in spite of the five rumored to have met up before they all enlisted, & Jaejoong briefly talking to Yunho at the 2015 GFF we’ve never heard one word of apology from Homin for their lies & their behaviour, not one word of responsibility taken for the hatred of JYJ they helped incite, & not one word of encouragement or request to their fans to stop that hatred & bashing on JYJ. Admittedly they are still serving, but both are performing in the military, & like Jaejoong, & now Junsu, they have had opportunities to perform in front of fans & could have made even the simplest or remarks to show that they & JYJ are now apparently on speaking terms & that they want their fans to stop the JYJ bashing. Once they have finished their service & are back in the public eye, it will be interesting to see if they ever do publicly apologize for the lies they spread about JYJ or even publicly apologize to the members themselves, let alone take responsibility for their own behaviour, if they will ever apologize to their own fans for manipulating them into hating JYJ, if they will ever apologize to the entire DBSK fandom as a whole for all the discord, conflict & hatred those lies caused, or for their complicity in aiding sm attempts to destroy JYJ. Personally I doubt it. From everything they’ve said & done, they strike me as believing they were in the right, that their own actions were both a reasonable response to the situation & above reproach. & it’s those twisted morals & lack of character that to me personally, make Homin so unlikable, untrustworthy & undeserving of both respect & of a second chance with JYJ.
@Sapphire
I won’t hold my breath expecting an apology from Homin. Every time something negative happens to a JYJ member I feel like Homin is gloating. Like, “If you had stayed at SM these things wouldn’t be happening to you.” Since SM were never able to destroy JYJ before Homin went into MS; bad press for them means Homin has the advantage now when they get out. This is why I’m convinced SM is behind all the scandals and lies happening to JYJ. No matter that SM needs JYJ to copy ideas from, they are still a thorn in their side, because JYJ’s success shows how glaringly weak SM idols are, and SM needs to weaken JYJ to give Homin and their other idols a chance to look good.
That’s why I hope Yuchun resolves to come back to acting and singing. SM, plays so dirty, I don’t want them to win. JYJ, on stage again will be a great victory.
@Sapphire
The one who throws back lies and accusations are the who is doing exactly that thing..i never hope, dream and wish that Homin would make that apology..from the start they had taken Sm side and stayed with that company and no good thing will come from them when it is about JYJ..and to me it shows them what values and morals they have..I expect worse coming from them,
to put it straight, i dont like Homin.
If you think about it for a minute though, I’m sure that SM has had at least one conversation with them (maybe more) about never, never going against anything the company has said, instigated or done, harsh penalties to be meted out for any infractions and I’m sure that would include, especially include, apologies. An apology implies wrongdoing and that would immediately implicate SM. They CAN’T apologize, at least not until they are no longer with the company and even then, if they hope to have any future careers, they can NEVER go against SM in any way. THIS is the Devil’s bargain they made with SM – it’s why I call it a Devil’s Bargain. There are poisonous barbs and wrongs that they can’t right within it that will haunt them as long as they live.
@all
I agree with all of you. I doubt Homin will ever publicly apologize for their lies & actions during & after the split, partly because of what you’ve all said & partly because they seem to believe they were in the right. This is why I hope TVXQ5 never reunites, because I’m afraid that if push comes to shove Homin will betray JYJ all over again. Doing what’s best for you & your career is one thing. Stepping all over your friends, spreading lies about them, co-operating with your powerful management company to try & destroy their careers & inciting your fans to hate & bash on them is a whole other ball game. Crisis doesn’t always bring out the best in everyone, sometimes it just reveals the cowardice, weakness & selfishness that was lurking inside all along, & to me that’s what happened with the split, & why I really feel Homin don’t deserve a second chance with JYJ, not to coast on their superior talents professionally, or even just privately as friends. Not that we as fans get to decide that! & I’m glad for their sakes that JYJ don’t seem to be holding grudges. I just hope that Homin are never in a position to hurt them again.
” Doing what’s best for you & your career is one thing. Stepping all over your friends, spreading lies about them, co-operating with your powerful management company to try & destroy their careers & inciting your fans to hate & bash on them is a whole other ball game. ”
Man oh man, is *that* ever the truth!
Must be slow going in the S. Korean entertainment industry if dredging up old info and twisting the truth around, is considered news! Get a life, parasites!!!
I was wondering this too. This story long predates my coming to know JYJ, etc., but I find it odd that suddenly this is dredged up again. CJeS is taking the right track, either the rumourmongers put up or shut up or face legal action.
Wasn’t it Dctvxq that started this? And the allkpop published an article based on their info. And all the duo stans jumped on the bandwagon. They really don’t have anything better to do. I don’t know why they have a contast need to prove how right their side is for staying.
Summer time now, have to update myself here… so many happenings…. SUPER ECSTATIC with all the BEST NEWS for Kim Jaejoong… but for those who twist the old news and continuously malign JYJ now,
CjES MUST MAKE A STAND ALREADY!!! GIVE AN EXAMPLE TO WHAT HAPPEN TO THOSE WHO HURT THEIR ARTIST, THAT IS WHAT AN AGENCY DOES!!! STOP THE TALKING AND MAKE AN ACTION! ITS BEEN AGES AGO!!!
I’m a newbie compared to those who leaves a comment here but have to proclaim for myself that I’m definitely a JYJ fan but definite bias goes to the one and only JJ!!!
the rumors spreaders were TVXQDC Gallery and some TVXQ duo fansites, I never imagined that after 7 years HoMin stans are still crying over the fact JYJ won their lawsuit against SM and are trying hard to twist factsa about JYJ. I wonder Yunho and Changmin are proud now for making their stans slave contracts defenders, SM ass kissers and JYJ’s forever bullies. I’m proud of JYJ for standing for the real cause, I’m proud of JYJ for fighting their fight without harming anyone else and I’m forever proud of JYJ for fixing serious issues on idols contracts.
Allkpop also should be sued because what they did was serious (claiming that HoMin fansites are Officials: http://www.allkpop.com/article/2017/03/official-documents-reveal-sms-slave-contract-with-jyj-did-not-exist-to-begin-with
Let’s send allkpop article to Cjes, maybe Cjes are going to sue only the false spreaders in Korea but hopefully they can do something about allkpop too.
we did send the AKP article to CJes hence the response – ‘For the reasons described above, C-JeS has filed a complaint against those who spread false rumors described in this statement for the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (defamation).’ i hope it means they will sue AKP!
@miss_di. Thanks a lot for this. While we are all making noise here you quietly went and took action. Great job well done!
Totally agree on all comments…and it’s about time for Cjes to take that action, these people are bent on ruining JYJ..now that JJ is doing good and being on top..these same people are on the move again to spread lies..
I can only understand one thing, those who can’t play fair..believe in the back of their mind that they cannot be winners…that’s why i’m proud of JYJ, I’m proud of the choices they made.
It’s about time Homin stans moved on, seriously it’s been 7 years. But they still seem bitter and stuck in the past. Why can’t they live in peace just like JYJ fans? JYJ fans don’t waste precious time spreading negativity. Seriously, this is ridiculous! I feel like JYJ fans have all the maturity that homin stans lack. They are so hell bent on bringing negativity towards JYJ. But this has got to stop. Hopefully, Cjes sues all their asses.
JYJ Fighting!
Back in March, Allkpop released an article used Homin blog(I’m not sure which one) as a source for their nonsense.
I just wonder how does Homin feel about this?
Do they feel happy about this or no?
They are grown individuals who served in the military. Is the excuse “SM doesn’t let me talk” still valid at this point? You can hold a gun and shout I’m a soldier and I’m brave but then you can’t stand up to a corporation? You can’t claim bravery in one part and act like a coward in another.
Good job C-JeS for doing this and protecting JYJ.
maybe it has to do with homin getting out of the army soon to continue their careers. and a lot to do with fear of failure (theirs). i think homin needs new fans who will just appreciate them and forget the past. it does nobody nogood to keep rehashing the past.
i am glad C-Jes is doing this fast.
Yh coming back soon.. Im afraid that his agency trying to hurt JJ in many ways!! Since discharged JJ still not invite on tv.. Ofcourse, after yh discharge he will b feuture in every tv program.. Thats why i really cant wait JJ new drama..
ikr? but JJ’s working so hard it has to pay off!
I know… He need to rest.. It was just me.. ❤
OhMyOppar1 • 3 hours ago
I hate the JYJ retarded ! They have a rapist , pussy waker,and sexual perversion jaejoong . They also have an annoying fan ! I hope they will be deleted.
http://www.allkpop.com/article/2017/04/c-jes-entertainment-responds-to-rumors-about-jyjs-previous-slave-contract-with-sm-entertainment
– this is what I call highly offensive and malicious. hope Cjes can do something about this.
This is just troll from Allkpop comment section. He/she trolls like this on all celebrities’s articles of Allkpop. Just downvote this and report to Allkpop. Comments with a lot of downvotes become less visible. Constantly reported commenters are banned with time.
Korean company can do nothing about this.
I hope admins will delete this comment from this site.
And those who spread the false rumour will be begging for forgiveness at the moment so they won’t end up in jail. They should think twice, thrice or even million times before they decided to post such false rumour.