[OPINION] 110116 DBSK’s Contract under SM from the Perspective of International Human Rights, Labour and Intellectual Property Law

Spanish Translation of this article done by Bea can be viewed (traducción en español aquí) HERE

By: Jimmie of TheJYJFiles

Introduction and Disclaimer

First of all, it’s only fair to my readers to reveal upfront from the start that I am not (yet) a lawyer, nor have I studied Korean law. I have nonetheless agreed to broach this subject because my work requires me to be intimately familiar with the norms and legal principles that I will be addressing here in relation to DBSK’s original contract—namely, norms and principles of international human rights, labour and intellectual property law.

Secondly, the Constitution of the Republic of Korea (aka South Korea), like that of most countries, requires that the first recourse in any legal proceeding be Korea’s national laws and statutes. That is to However, an analysis from the perspective of relevant international law is more than casually useful, because international law serves as a kind of “threshold guarantee” for national law. That is to say, countries that have signed and ratified treaties, though often encouraged to go above and beyond its protections in their national law, are obligated to NOT FALL BELOW THEM. And so, the fundamental provisions of international human rights treaties, for example, are found transcribed in most countries’ constitutions. In addition, State parties to a treaty are not only obligated to observe the letter of the treaty, but also, under Article 18 of the Vienna Convention on the Law of Treaties (1969), are obligated to “refrain from acts which would defeat the object and purpose of a treaty…” even if a country hasn’t yet ratified it or the instrument hasn’t yet entered into force.

Thirdly, in the interests of harmonising with the identity of the destined platform—which is, after all, an op-ed blog and not an academic journal—I will restrict myself to the norms and refrain from going into the case-law and/or commentary thereon issued by legal and intergovernmental bodies. If anyone would still like the extra commentary, you may contact me and I shall try my best to direct you to the right sources. Now, without further ado…

[OPINION] TVXQ as duo, respect the basic properties towards JYJ and their fans as their reputation

Written by a korean fan:

The court also accepted that TVXQ is made up of Kim Jaejoong, Jung Yunho, Park Yuchun, Kim Junsu, Shim Changmin. It can’t help being very ironic that Yunho and Changmin released their new album as TVXQ’s name when we read the above court’s ruling.

Jaejoong, Yuchun, Junsu working as JYJ just filed a lawsuit against SM Entertainment, from now, they have never declared anywhere that they withdraw from TVXQ and they have always announced that if we have a chance, we want to work again. Particularly, in 2009, the year when the lawsuit has begun, they appeared the performances that they already promised as TVXQ’s name in Korea and overseas. They never once give up the right towards TVXQ’s name.

From here, a question arises. Have Yunho and Changmin ever asked to be excused or tried to agree to work as TVXQ’s name that the court also accepted?

The discomfort about TVXQ of Yunho and Changmin have started from this question.

Yunho and Changmin expressed that ‘TVXQ was designed by SM Entertainment and we left here. so we secure the authenticity.’. And they grandly appeared in public without any excuses and anyone’s agreement though they’re only 2 people.

‘TVXQ’ that fans were enthusiastic was the appearance that 5 members made together. It was not ‘TVXQ’ the name itself.

As Yunho and Changmin also expressed, until becoming TVXQ, it has been the achievement that a company, members and their fans made together, not anyone’s result. So shouldn’t they have to keep the bare minimum basics?

Observe the basic proprieties towards JYJ and their fans who have made together for 7 years.

If Yunho and Changmin began to work as other name, not TVXQ, we should never expected to these things.

We don’t want to see anything that they compared a JYJ’s lawsuit to ‘migratory birds’ that left in their group and considered it as the actions of mere children, anymore. Although they subsequently discuss about their music, the differences of each other’s position, the relationship between the members and the truth about many kinds of rumors, as the view of the fan who have supported 5 members, but it is very uncomfortable thing that their discourteous words and expressions about their members. Do you think that they were good expressions about the situation of other 3 members who joined for 10 years including the terms of trainee. It’s not the proprieties to other 3 members and the fans who have supported 5 members.

Whenever I read the news, interview and watch them on the TV, I’m really afraid and nervous. Please, as you used the name ‘TVXQ’, keep the basic as the reputation of TVXQ. And never forget the people who have made the TVXQ.

TVXQ as duo, respect the basic proprieties towards JYJ and their fans as their reputation, please.

Source: http://bit.ly/ifXvVH
Translation Credit: The Youngest Min
Shared by: JYJ3

[OPINION] 110111 JYJ and the Law on the American Agency, Part I -II

This article is written by a Korean-American lawyer.

Part I

Among the Korean celebrities that I have been following with interest lately are the three members from Dong Bang Shin Ki who have since formed the group JYJ. Although they are undergoing difficulties now, their current situation when examined through the eyes of the law is piquing my interest and leaving an impression. Even if they, with their handsome faces and flashy dance moves combined with their stellar vocals, never find out.

What drew my attention the most was how these young and weak men were fighting against the organised strength of the Korean entertainment industry. Bringing up the issue of “slave contracts”, they filed a lawsuit against SM Entertainment, the company that raised them, and the minute they started activities independent of that company their promotions were blocked here and there as if those doing the blocking were lurking in waiting for them. (The legal implications and meaning of those restrictions will be dealt with in further detail later)

It’s clear that SM is smarting from the incredible loss they’ve incurred through the separation of Dong Bang Shin Ki, and, claiming to avenge the honour they lost through [JYJ’s] ungratefulness, they are also at the same time sending a message to their up-and-coming idols, “if you do the same thing [as JYJ], you’re dead.” SM might as well stand for Small Mind.

It is doubtful that SM’s small-mindedness will be cured on its own. SM is a highly successful big entertainment company that undoubtedly knows the importance of image but is staining its reputation by obsessing over a prey that’s already fled; it’s a kind of behaviour I find hard to understand. But perhaps it’s because there is more at stake than simply an urge for revenge and the need to send a clear message.

The world is wide and their talents are manifold for the idol group that [SM] lost, while younger and fresher idols don’t yet measure up. In any case, the career lifespan of an idol is short and when considering that the members of JYJ are now in their mid-20s it is even more difficult to accept SM’s position. There’s more to all this than fear of setting a judicial precedent on “slave contracts.” Because already within SM the basic contract is being modified without a hitch. There’s already legal precedent regarding 13-year exclusive contracts, and even in the US, the biggest and strongest market for entertainment, the limit on contract length is clearly stipulated in the law as 7 years. It is inevitable that this shift in thinking will also come here. And not just for SM but for other similar entertainment companies…whilst the KFPCAI is attempting to paralyse JYJ and dress them in the clothes of social criminals. Why is that?

[OPINION] 110107 A comment about “SM’s artists attack Junsu”

Q: hi lindsay 😀 some people say that SM artists probably know exactly what’s going on between jyj & homin which is why some artists posted what they felt regarding junsu’s tweets.i disagree that they know everything.what’s your take on this?thanks

A: These SM artists should shut up and focus on their own careers. It’s not their place to defend or comment on other aspects of the company, they need to focus on entertainment and marketing themselves to fans. It’s bad enough that we are focused on the business more than the content, the fact that other artists are contributing to this will only make matters worse. Yes, naturally, they know more about what’s going on than we do, but it’s best for everyone if they keep it that way.

Source: linzerdinzer
Shared by: JYJ3