Note: This was appended today to the top of C-JeS’ statements from yesterday
[Re-read yesterday’s texts HERE]
Source: C-JeS Official Homepage
Shared by: JYJ3
Note: This was appended today to the top of C-JeS’ statements from yesterday
[Re-read yesterday’s texts HERE]
Source: C-JeS Official Homepage
Shared by: JYJ3
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
Source: C-JeS Official Homepage
Shared by: JYJ3
*
(Admin’s note: To read the full English translations of the Korean text above, click HERE)
Credit: Xia Girl21
Shared by: JYJ3
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Note: The video can also be watched on:
– C-JeS’s Naver TVcast [LINK]
– C-JeS’s V Live [LINK]
[VIDEO] “여러분의 목소리가 필요합니다!” ❄️#씨제스 배우들이 함께하는 #그린피스 #북극보호 캠페인! <Save The Arctic>
풀영상 보러가기! Let’s GO!
TV-CAST ☑ http://tvcast.naver.com/v/1327903
#북극을 #함께지켜요 #그린피스코리아 #세이브디아틱 #씨제스타그램
Let’s #follow them! Why don’t #U #check the released #video of the #environmental #campaign #SaveTheArctic of #CJES #Entertainment #artists & #GreenpeaceKorea Let’s join to the wonderful campaign! #Merry #Christmas all!
instagram.com/p/BOYjoGvDSCW/
[TRANS]
“We need everyone’s voice!” ❄️ #GREENPEACE #Artic_Preservation campaign together with #C-JeS actors! <Save The Arctic>
Go see the full video! Let’s GO!
TV-CAST ☑ http://tvcast.naver.com/v/1327903
#Let’s_together_protect #the_Artic #GREENPEACE_Korea #Save_The_Arctic! C-JeS x GREENPEACE campaign!
Save The Arctic #C-JeS-tagram
Let’s #follow them! Why don’t #U #check the released #video of the #environmental #campaign #SaveTheArctic of #CJES #Entertainment #artists & #GreenpeaceKorea Let’s join to the wonderful campaign! #Merry #Christmas all!
.
*
“여러분 북극곰과 북극의 얼음을 지켜주세요!” ❄️
#김준수 가 함께하는
#씨제스 #그린피스 #북극보호 캠페인!
북극 보호에 귀 기울여 주세요!
<Save The Arctic>
지금, 바로 풀영상 보러가기! GOGO!
TV-CAST ☑ http://tvcast.naver.com/v/1327903
#XIA #XIAJUNSU #예고편이_이정도 #작은관심을_큰변화로 #북극을 #함께지켜요 #그린피스코리아 #세이브디아틱
Something has come! Let’s follow #XIA #XIAJUNSU #KimJunSu Let’s check the released video of the #environmental #campaign #SaveTheArctic of CJES Entertainment #artists & Greenpeace Korea. Let’s join to the wonderful campaign!
[TRANS]
“Everyone, please protect the polar bears and Arctic’s ice!” ❄️
Together with #KimJunsu
#C-JeS #GREENPEACE #Arctic_protection campaign!
Pay attention to Arctic protection!
<Save The Arctic>
Now, go see the full video immediately! GOGO!
TV-CAST ☑ http://tvcast.naver.com/v/1327903
#XIA #XIAJUNSU #preview_is_this #with_big_changes_in_little_attention #Let’s_together_protect #the_Artic #GREENPEACE_Korea #Save_The_Arctic
Something has come! Let’s follow #XIA #XIAJUNSU #KimJunSu Let’s check the released video of the #environmental #campaign #SaveTheArctic of CJES Entertainment #artists & Greenpeace Korea. Let’s join to the wonderful campaign!
Sources: cjes.tagram + CJESJYJ
Translations by: rilanna of JYJ3
Shared by: JYJ3
Hello, this is C-JeS Entertainment.
First, we would like to offer a word of gratitude once again to the hot interests toward the arranged Open Plaza event to commemorate Kim Jaejoong’s discharge from his military service.
Next, we would like to guide you with the announcement about the event that is on the coming 31st, so please refer to it.
<Kim Jaejoong discharge-from-military-service commemoration mini fanmeeting guide>
1) Date & Time: 2016 December 31st (Sat) at 7 PM
2) Location: COEX Live Plaza (513 Yeongdong-daero, Gangnam-gu, Seoul (Samseong-dong, COEX Mall))
*For winners of the signing, individual letters will be sent out. We will give further guidance on the details to the confirmation of the winners of the signing and the distribution time of its tickets on the 27th.
Thank you.
Source: C-JeS Official Homepage
Translated by: rilanna of JYJ3
Shared by: JYJ3
This is an announcement in regards to 2016 MEMBERSHIP WEEK
Hello, this is C-JeS Entertainment.
We are sorry to inform you that 2016 MEMBERSHIP WEEK which had been scheduled in this coming September is tentatively postponed for inevitably.
We wanted to keep our promise with fans who continued turning up since 2012, but we have come to the difficult decision that Membership Week will be tentatively postponed after careful consideration on deciding it is meaningful when JYJ are together as a whole.
We will be distributing information individually about refund/cancellation, etc. to minimize the disruption to fans who were looking forward to 2016’s Membership Week currently.
Caring for JYJ, we would like to ask for a lot of fans who were waiting for 2016’s Membership Week to deeply understand once again.
Thank you.
Source: C-JeS | Cap credit: @XIAB1215
Translated by: rilanna of JYJ3
Shared by: JYJ3
Junsu’s 3rd solo album 『FLOWER』。
It is『2015 XIA 3rd ASIA TOUR CONCERT“FLOWER”』’s final performance DVD
It is a release with limited quantities!
3 DVDs + photobook about 100P + 6 mini-posters
Pre-order : July 29(Fri) at 6 PM KST
Release date simultaneously in Korea & Japan : August 26(Fri)
Pre-order sites : Synnara, Yes24, Interpark, Aladin, Kyobo Book Centre
Source: C-JeS Official Homepage
Translated by: rilanna of JYJ3