A cyberbully was sentenced to pay a fine for slanderous attack toward JYJ Kim Jaejoong.
On the 21st, Yang Seokyong, Judge of Seoul Central District Court revealed that Ms. A, student of a prestigious university in Seoul, was sentenced to a fine of 1.5 million KRW for violating the Act on Promotion of Information and Communication Network Utilization and Information Protection.
The justice department made the following judgment, “Ms. A has arbitrarily interpreted the rumors on Internet and spread them and maliciously distorted the victim’s private life. As the victim is a celebrity who receives the attention of the public and the defamation targeted his extremely private life, the degree of damage is high.”
Ms. A was brought to trial by a fan club of Kim Jaejoong, on the charge of defamatory postings about his family relationships and sexual orientation on Internet bulletin board from August to September 2012.
During the trial, Ms. A claimed that she has just pretended to be anti on purpose, in order to provoke the public’s sympathy toward Kim Jaejoong.
On the other hand, JYJ’s company C-JeS Entertainment has recently requested a police investigation of a netizen who spread malicious rumors about Kim Jaejoong.
C-JeS Entertainment has officially announced that the legal dispute between JYJ and its former Japanese management, Avex, has come to an end.
On February 16, entertainment agency C-Jes uploaded a press release on its official homepage regarding its artist group JYJ. It announced, “C-JeS (JYJ) and Avex have agreed to end all legal disputes that have occurred between the two parties until now. Henceforth, C-JeS (JYJ) and Avex will longer meddle in each other’s activities.
Previously, the Tokyo District Court ruled in favor of JYJ and ordered Avex to compensate the group for interfering with its activities in Japan. Avex immediately appealed the decision, and a related source revealed, “Through the mediation of the Tokyo District Court, both sides decided to settle.
The CEO of C-JeS Entertainment, Baek Chang Joo, expressed his pleasure at having the dispute end and the road to JYJ’s activities in Japan open. Baek Chang Joo stated, “It is most meaningful that as we have agreed with Avex that it will no longer meddle in JYJ’s activities, the group’s activities in Japan has been legally guaranteed. We are happy that JYJ’s long legal dispute has ended and are hopeful that JYJ will be able to meet their Japanese fans more closely and more often.”
This is the official statement in regards to the info posted earlier HERE
“C-JeS (JYJ) and AVEX have reached an agreement in ending all legal disputes that has happened up to now between the two.
C-JeS (JYJ) and AVEX will no longer interfere with each others’ future activities.”
Avex and C-JeS agreed to end all legal dispute between them. No interference in the future is to be carried out.
– JYJ Japan website
[via @rubypurple_fan of JYJ3]
JYJ’s company, CJeS, will be taking firm legal action against a certain individual who has been impersonating members of Kim Jaejoong’s family and posting up comments that have subjected him to degradation and insult.
CJeS revealed on their official Facebook the actual account and username of the imposter and announced that they have collected all the data about the account. They will be reporting this incident under Cyber Slander Law.
They also warned the imposter to cease the posting or sharing of all offensive comments, and that they have no intent on agreeing on any special terms made by the imposter.
1. The trial’s settlement papers suddenly got viewable today. There are up to 10 settlement terms. Sections 3,4,6 are restricted for viewing (i.e. public can’t view what is written).
2. The cross-validation of JYJ’s exclusive contract, made between Company C and Company A on H22.02.26 (Feb 26, 2010 in Roman calendar)has been completed. (Note: It was not written in the document when it has been terminated. This is important, I think)
3. On the rights of works by artists’ activities in Japan that took place before the settlement approval,in accordance with the provisions of Section 7 and 8 of the exclusive contract – any legal action/dispute by Company C and A will not take place anymore. (The contents of these paragraphs in the exclusive contract can’t be verified because it is restricted)
4. Company A & C shall not disclose to any third party, regardless of circumstances leading up to the settlement, any settlement terms, litigation articles (both written and oral), and any evidence. (Hence, the viewing restriction)
5. Company A to consent on the contents of the announcement/press release of Company C that will be posted on their homepage. (No announcement has been made yet)
6. Costs of litigation will be shouldered by both companies. The contents of the record of settlement is over.
7. The settlement document will be archived. If instructions will not be followed, the company can petition for enforcement.
Ruby’s note: Basically, the settlement document is completed. However, there are sections that are not available for public viewing. Both companies can not disclose the full settlement terms because this will be a violation of the agreement. C-JeS will release a statement via their website.
Japan Court documents are available for public viewing so fans can come to court and verify.
Follow-up of Final Hearing Trial.
1. Company C and A have reached a settlement a few days ago. Written statement of the settlement seems to have been completed, but there was a request for viewing restriction (perhaps by A), it is impossible to know the detailed conditions and the contents of the current settlement. Please note that whether there is a viewing restriction or not, the settlement document is currently under review.
2. If the motion for the viewing restriction is granted, part of the settlement contents and conditions can not be viewed. The motion also covers the court documents of the 1st trial and appeal.
Avex appeal – Final hearing trial
Date: December 11, 2013
- Company A and C seemed to have arrived at a compromise
- The trial between Company A and C has ended
- The court confirmed that Company A and Company C have reached a settlement agreement.
- Their lawyers are drafting the settlement agreement.
- More details will be released soon!
Credits: @babyskymicky + Ruby(@rubypurple_fan) of JYJ3
Shared by: JYJ3
Avex appeal – Third court hearing
Date: Sept 9th, 2013
- The appeal did not end today. The issue has not been resolved. C did not agree that A Entertainment should take over from A Management (which is A’s appeal)
- C stated that if C agrees to this issue, it is a disadvantage on C part in case A appeals in a higher court. Settlement talks will still continue.
- Next oral argument is on Oct 30, 1:10 PM.
Establishment of the settlement is expected to happen at that time.
- The presiding judge seems a bit troubled thinking that there is no way C will accept the takeover.
Note: A side is trying to say that A Entertainment (as a head company) should take over A Management’s part in this trial. A Management handled JYJ’s activities before and the trial is really against C vs A Management. C does not agree so until today, settlement was not finalized.