After KBS released a statement defending its questionable decision to keep blocking JYJ from appearing on their airwaves, representatives for the trio released a direct response.
This stems from JYJ taking SM (SME) to court because of what has been called an unfair “slave” contract where members were signed for 13 years with almost no control over individual, personal activities. As a result, networks like KBS have incurred massive amounts of criticism for keeping any JYJ member off their air. In an unsuccessful attempt to calm its critics, KBS released a statement, which has caused CJeS to release a response.
CJeS Entertainment called KBS’s excuse “illogical” given the fact that a South Korean court has already deemed the contract between JYJ and SM (their old agency) as unfair. The part of the contract where SM has full control over JYJ’s activities has already been defined as unfair by the courts. The Court specifically ruled in JYJ’s favor, and sent down an order keeping SM from blocking JYJ’s current activities, or pay 20 Million Won for each time they interfere with the Court’s order.
The main lawsuit hasn’t been settled yet, but there are at least two relevant rulings in JYJ’s favor. That’s why the statement from KBS as to why they’re keeping JYJ off their airwaves makes no sense to a lot of observers.
KBS claims there’s a “dual contract” issue with JYJ and that’s why they can’t allow JYJ on their air. This, of course, is not true. Some critics say KBS is looking for a reason to not anger the big entertainment companies whose stars they need access to in order to fill airtime.
In the statement, CJeS said:
The problem with KBS’s stance is it makes no sense. The court has already ruled against SM when they claimed JYJ had a dual contract, so why would KBS cite that as a reason in direct opposition of the Court’s ruling?
SM filed an initial injunction claiming it was illegal for the Court to stop them (SM) from interfering with JYJ’s activities. The Court ruled against SM saying it “cannot be justified under any circumstances such as overseas expansion or a decrease of investment risk” for SM to interfere.
The Court said the contract between JYJ and SM was “invalid not only on the account of exceptionally long term of the contract but other clauses such as interference in JYJ’s every action and excessive penalty of breach of the contract.”
It has already been established that the contract between JYJ and SM is invalid, at least in part. The only thing left is the final ruling which reportedly involves money owed to the members.
Critics also speculate KBS is using the ‘dual contract’ falsehood to cover themselves, even though it appears wholly unfair to people who aren’t involved with the entertainment industry.
From CJeS’s response:
When SM Entertainment lodged a lawsuit regarding the ‘dual contract’, the court rejected their argument and ordered SM to not interfere with JYJ’s activities with CJES Entertainment.
Considering JYJ’s lonely fight against such a huge agency in request for a more reasonable contract, we believe it is wrong that KBS is deviating from the objective truth and making the public think that JYJ are just creating more societal problems. We strongly request for them to make corrections on their part.
…Especially with JYJ currently participating in overseas promotional projects with various countries, as well as being appointed highly ranked ambassadors, we’re very disappointed that they are speaking of JYJ as threats to the culture industry.
KBS must have been getting a massive amount of attention in order to release a statement — a statement which leaves KBS wide open for even more criticism — about the JYJ air ban.
Also in their statement, KBS claims it would bring about “legal problems” for itself. What legal problems? Has SM threatened to sue KBS if they allowed JYJ on air? If so, that may be proof to the Court that SM should be fined for violating the Court’s anti-interference order.
Judge Kim Daewong, according to translated reports, ruled that SM would be fined 20 Million Won each time they interfere with any of JYJ’s activities. The Court ruled, “SM Entertainment will not be allowed to interfere with JYJ activities and will pay 20 million won every time they violate this court order.”
KBS also claimed that allowing JYJ on air “is a threat to the culture industry.” A threat to the culture industry? Some critics have responded that the biggest threat to this so-called “culture industry” is the all-encompassing power of large entertainment agencies along with their brute rule and lopsided contracts.
These conditions have caused more than one set of massively popular Korean groups/artists to have to sue for some type of control over their own careers before they are discarded by their agencies.
The fact is there is no valid legal reason for any network to block JYJ from appearing on their network. What’s going on is the meeting of personal favors and fear which is causing these networks to block JYJ. Nothing more.
Since the Court has already thrown out the ‘dual contract’ argument, what is the real reason for KBS’s behavior? Has SM really threatened to “bring about legal problems” for KBS if they decided to broadcast anything from any member of JYJ?
Stay tuned.
Source mat.:
https://www.dongbanger.com/sm/sm-lose-injunction-jyj-02172011/
https://www.dongbanger.com/latest/jyj-sm-court-restainingorder-damages02242011/
akp
http://www.koreaboo.com/index.html/_/general/court-order-states-sm-entertainment-will-pay-20-r3907