Monday, August 31, 2009

[News] 090828 An Offering Of A Sacrifice To Spirits Done For "Heading To The Ground"

There was an offering of a sacrific to the spirits done for MBC’s new Wednesday-Thursday drama ‘Heading to the Ground.’

On the 24th at 2pm, the offering was one at MBC’s Yangju set and actors such as Jung Yunho, Ara, Lee Yunji, Lee Sang-yoon, Kim Jaeseung etc camealong with Director Park Sungsoo and all the staff.

Jung Yunho, who plays the lead role of Cha Bong-goon, prayed for the success of ‘Heading to the Ground’ by saying “Please help this drama be a big hit!” and praying alongside fellow actors Ara, Lee Yunji and Lee Sang-yoon.

Director Park Sungsoo said, “I was touched by the passions of these young actors who threw themselves into everything and anything we asked them to do. I think that the hard work of the actors will be seen in the eyes of our viewers,” and “I directed this drama with a fun and happy heart because the actors and staff always made the set come alive with their jokes and antics.”

Ara, who plays the role of Kang Haebin, said, “Overall, there are a lot of action scenes. Cha Bong-goon (Jung Yunho) especially has a lot of them, but he would rarely use a stunt double and worked hard in all his scenes and that gave all of us strength to work harder,” and “Because the script itself was funny, shooting the drama was fun too.”

Jung Yunho, who plays the lead role of Cha Bong-goon, said, “I’m doing everything for the first time so it took me some time to get comfortable, but all the staff members are excellent and all the actors on set were cheering each other on so I’m expecting this drama to be really good,” and “I still am lacking in some areas but everyone will be able to see me grow more along with Bong-goon each time an episode airs,” and was very modest.

The drama ‘Heading to the Ground’, which is gaining a lot of attention as this is TVXQ’s U-Know Yunho’s debut into acting, will first air on September 9th.

Source: [pimedia+DNBN]
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[Trans] 090829 GQ September Issue ‘The Real TVXQ Was In Japan’ CRITIQUES

TVXQ sings “I got you~ooo, Under my skin,” and dances. When the buttons on the shirts that cling onto their bodies cannot handle their powerful moves and burst, U-Know Yunho’s well-developed and chiseled pectoral muscles are shown. Fans from all over Korea, who may have had ill feelings towards the long stretch of Japanese activities, act as though the group had never left and stare at their TV and even go up to the TV screen and stroke it. I’m talking about the comeback stage of that happened after the album’s release last December. Fans found something a little odd about TVXQ during this stage. Although the five members’ faces were the same, it was as though their faces had been stuck on someone else’s body. This was because of their ‘muscles’.

TVXQ’s thin and muscular bodies are completely different from SM Entertainment’s preceding idol groups. The direction that the members of TVXQ are headed is being influenced by the Japanese activities they have been carefully and diligently doing. In Japan these days, their is a ‘Hosomacho’ or ‘thin muscle’ trend blazing through the nation. The biggest reason for this trend is because the majority of young Japanese women prefers the thin muscled hosomacho look over the heavily muscled gorimacho (gorilla macho) look.

What am I talking about? There are probably going to be some people who tell me that this trend has been around for a while with the majority of singers in Johnny’s Entertainment and with the majority of males in Tokyo having a thin muscle body structure. But what they are talking more about skinny guys who look as though they have muscles because they are skinny, not the ‘thin muscle’ look. But to think that TVXQ is just one of the many hosomacho groups is a big mistake. This is because the popularity of Tohoshinki, as they call themselves in Japan, is so great and out of this world that it cannot be fully comprehended or understood in Korea.

If we divide the dominating Japanese male idol groups into three categories, the first would be ‘role Lolita’, groups comprised of pretty boys, the second would be ‘Yankees’, groups comprised of members who have a bad boy vibe to them, and the third would be the TVXQ style. The TVXQ style’s popularity can be properly felt in Japan’s host clubs. Koreans may connect the words host or hostess with adult clubs and see these words with a negative outlook, but to many young, handsome and popular college students in Japan, it is the most preferred part-time job.

Different from Korea’s hosts, Japan’s hosts serve only alcohol and there is a different term for those who provide sexual intercourse and they are called ‘Urisen’. In these host clubs that can easily be found in Shinjuku’s Gabukicho area, the pictures of the hosts in the clubs tell women what kind of style each host is. Before, most of the people in the pictures copied the style of Johnny’s Entertainment’s idol groups. But now, at least one or two hosts in every club very conspicuously copies the style of one of the members of TVXQ.

In this area, there was once a time where the most manly people were nabe (a girl dressed up as a guy or a trans gender female). with their thin, pretty bodies. But now many Japanese women are asking for the hosomacho style, men who are not only pretty, but are also manly, and who are not only skinny, but has muscles. The TVXQ wind is blowing through the clubs of Gabukicho.

Since many Korean idol groups are popular not only in Korea but all of Asia, many Koreans may think that TVXQ’s popularity is similar to that of other celebrities. Shall we delve deeper to see just how popular TVXQ is in Japan? TVXQ’s most recent Japanese single sold almost 200K copies in one week. This sets TVXQ with the second highest first week sales in their agency, Japan’s biggest company Avex.

The only group above TVXQ is the 14-member group Exile, the group that received the highest award from the Japanese Record Association and the group that even creates big changes in society with their raging popularity. This means that TVXQ’s first album sales beats that of the female leaders of Japanese pop, ‘Amuro Namie’. ‘Hamasaki Ayumi’ and ‘Koda Kumi’. This is a feat that not even popular star ‘BoA’ has achieved. These are the kind of top singers we can compare TVXQ to now.

But I am not basing their popularity on album sales only. TVXQ has set a huge record of being on Japan’s representative music chart ‘Oricon Chart’ as 1st on weekly single sales six times already. Since the year 2000, the number of stars who have attempted to enter the Japanese market is enormous, with stars such as S.E.S, Sugar, Park Junghyun, Rain, Lee Soo Young, Se7en, SS501, Ryu Siwon, Park Yongha, Lee Byunghun, Yoonha, K, Sunmin, Big Bang and Super Junior.

But the only singers who have reached first on Oricon’s weekly single charts are BoA (once) and TVXQ (six times). TVXQ also succeeded in being invited to hold two concerts in July at the Tokyo Dome which is considered the Dream Stage, even to Japanese singers. This has never been completed by any other Korean singer before.

But the Bible sends a message, “Prophets do not get respect from their homelands.” For some odd reason, TVXQ’s outstanding achievements do not seem to be reported or praised in Korea. Also, it is sad to see that TVXQ’s success of almost selling 200K copies of their single was buried under the dispute between SM Entertainment and three members of TVXQ (Micky Yoochun, Xiah Junsu, YoungWoong Jaejoong) and the disbandment rumors that followed it.

They are not something something ’sama’ (like Yonsama) who were washed ashore by the Hallyu Wave. No, they even asked all Japanese media agencies not to associate the word ‘Hallyu’ with them (even asking for news articles to be pulled down if the word was used in relation to them), to show that they wished to succeed with their own powers and were able to become widely known in Japan. TVXQ had to erase their nationality in order to gain the acceptance from the Japanese population.

The rumors of disbandment at the height of their popularity has become a hot topic of conversation in the Japanese music industry. Japanese media has been created a daily special to update everyone about what’s happening in Korea with regards to TVXQ, and this has caused Avex’s CEO to come forward and give an explanatory statement to clam the Japanese fans. He announced that TVXQ’s Japanese activitees would continue regardless of what was happening in Korea and he decided to announce this himself. This has never happened before.

It seems as though the way Korean agencies set the income division when writing up the contract has surprised the people of Japan who are used to the Japanese agencies’ way of working that gives monthly salaries that may change. Since the first official event TVXQ held after the disbandment rumors came out was in Japan and not Korea, the source of such rumors, with the Fireworks Festival Concert, the Japanese media was more vigilant when it came to reporting the issue than the Korean media.

Therefore, whether they wanted this or not, this case has opened TVXQ up to a wider fan base including the younger generation. YoungWoong Jaejoong, who is the most popular amongst the members in Japan, was even seen in a paparazzi scandal magazine that only extremely famous Japanese celebrities appear in.

Although the situation in Korea is a complete mess, TVXQ might be able to take one step further in their Japanese activities through this happening. But they must once more grab hold of their Korean fans. There are already rumors that the ‘light fanbase’ is ready to embrace the new 6 member male idol group SM Entertainment is preparing.

As faithful as Korean fans are, they are also able to turn their backs on a singer very quickly. If even the fans who used to embrace them turn their backs on TVXQ, the group will become the prophets who are not respected in their homelands.

Source: [GQ Magazine+DNBN]
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[News] DBSK’s Expected 2 Months Break

Dong Bang Shin Ki outdoor concert, a-nation that is pre-scheduled to be held on August 29th in Osaka, Japan will keep going on.

After the provisional disposition facing DBSK’s agent SM Entertainment to stop exclusive contract effect from part of DBSK members, it’s been a difficult environment for DBSK to continue their activities, therefore the continuance of DBSK future activities has been gathered lot of fans’ attention ever since.

Recently DBSK’s Korea label SM Entertainment and Japanese label AVEX don’t catch any additional schedules other than ones have been pre-arranged. Except Yunho who will debut in MBC drama “Heading to The Ground”, the remaining members are said to be having break naturally (T/N: I’m not sure why the reporter doesn’t mention Changmin as well)

Members activities will be stopped at least for 2 months is being certain, but members’ concert in Shanghai that has been planned to proceed on October 2nd is expected to be executed.

The provisional disposition againts SM Entertainment filed by 3 DBSK members Jaejoong, Yoochun, and Junsu has received its first hearing on August 21st in the morning. The judge at that time said, “For the sake of public responsible to DBSK biggest fans and also the members internal relationship, I hope the two sides to consider settlement of this dispute amicably.” advising for a consensus.

Next hearing will be held on September 11th.

Translation: sharingyoochun@wordpress

[News] Despites The Crisis, Changmin is Still Concentrating on His Acting Debut

“This first debut, I want to carry it perfectly.”

DBSK member Changmin (21) has been concentrating on acting training for his first challenge drama “Paradise Ranch”. Recently DBSK meets crisis as in lawsuit case related to some of its members. During this lawsuit period, it’s been repeatedly stressed that the lawsuit and members’ individual activities are separate stories. They’re already preparing for another coming up activities.

Just few days ago, after finishing a performance in Japan, Changmin returned home and when there isn’t any official activity, he’s fully absorbed to the debut drama training. Going back and forth Japan – Korea, Changmin never once keeps aside his script reading training.

From Changmin’s assistant, “The series of recent crisis creates burdensome to him mentally, is true. But as acting has been his long dreamed challenge, makes a great motivation to him afterall. From now on, he’s going to be busy traveling back and forth between Korea and Japan. Even from his recent departure (in Korea) few days ago, he already portrayed an excitement about the drama preparation.”

“Paradise Ranch” is a co-production drama between SM Entertainment and Samhwa Networks and they have goal to broadcast the drama at the end of this year. A delightful story of romance is blended by beautiful music will show the fresh youth romantic acting of Changmin. The drama will enter its first shooting early next month.

Source: naver news
Translation by: sharingyoochun@wordpress

[News] Cosmetic Company Lawsuit Case: Full Investigation

Seoul’s Gangnam Police Station on August 27th has lauched a full investigation regarding lawsuit filed by cosmetic company, CREBEAU in which DBSK members Jaejoong, Yoochun, and Junsu have their investment.

The public prosecutor from Seoul police office section 7 (head: Kim Cheong-hyeon) directed the investigation according to letter of complaint to SM Entertainment from CREBAU officer who requested for a full investigation of complainant’s identity before court review next week.

This police investigation is held as an instant basis to decide whether there’s criminality charges in defamation mark that is accused to SM Entertainment as defendant by CREBEAU company.

On August 4th, CREBEAU company where in DBSK members Jaejoong, Yoochun, and Junsu have their investment in filed a lawsuit against SM Entertainment for a defamation issue.

Translation: sharingyoochun@wordpress

[News] 3 DBSK Members’ Investment Cosmetics Company Sue SM for Defamation Issue

Seoul Central District Court officer revealed on August 26th that a representative of CREBEAU (위샵플러스) cosmetic company had filed lawsuit against SM Entertainment in charge of defamation issue on August 4th.

CREBEAU representative said, “The problem that is filed by 3 members who are also investors in our company is something to do with the unfair distribution income and to terminate the exclusive contract effect. However, SM keeps distorting the essence of the issue by saying that the main reason of their lawsuit is related to the cosmetic company. This is definitely a false representation and inflicts a serious libel to our company.”

Translation: sharingyoochun@wordpress

[Lawsuit] SM x DBSK Lawsuit: “Will The Evidences Application be Accepted?”

As had been reported, besides the provisional disposition to terminate exclusive contract effect, 3 members of DBSK namely Jaejoong, Yoochun, and Junsu also submitted Preservation of Evidence request so that they could calculate the exact amount of their income.

However, in the first hearing held on last August 21st, SM responded regarding the Preservation of Evidence request, “This immediate appeal for Preservation of Evidence can’t be executed.” SM expressed disapproval regarding the submission request. The company explained that DBSK income receipts along with other documents and materials needed for this settlement is company’s trade secret. And if they’re to be exposed to the media, it can lead to fatal effect.

Regarding the problem, the court described an “in camera” system to invalidate SM’s claim of a fatal risk. The “in camera” system is the process in which the viewers of the evidences are to selected/limited number of people only. Because of this, DBSK’s payment issue can be resolved and the current conflict can be raised.

SM officials therefore approved the DBSK’s ‘Preservation of Evidences application’ and the submission deadline is tomorrow, August 26th.

The court judgment whether SM’s application is received as valid evidences or not is to be determined on Friday, August 28th.

Meanwhile, on the same day (August 28th), DBSK fanclub Cassiopeia is showing support to their idol by submitting petition which is signed by approximately 121,073 people at 1:30 p.m to National Human Rights Commission. “DBSK members have been victims of serious human rights violation and now are seeking way to escape from it. We asked the help from National Human Rights Commission to give human rights protection for DBSK members through their court hearing.”

On last August 20th, Cassiopeia had already submitted their petition which was already signed on-line by 120,000 people from August 12th to 18th (six days) to Seoul Central District Court to support the terminate of unfair contract.

Source: diodeo + newsen
Summarized by: sharingyoochun@wordpress

Saturday, August 22, 2009

[Lawsuit] 090821 SM "We've Lost 15 Billion Won+ In Image Damage Because Of This Trial"

SM Entertainment (SME) stated that they were the only ones who received damages because of the request for the suspension of TVXQ's exclusive contract.

On the 21st at 10:20 am, the first hearing for the lawsuit between SM Entertainment and the three members of TVXQ's Youngwoong Jaejoon, Micky Yoochun and Xiah Junsu, began.

During this hearing, SME's lawyer stated, "In the case of the three members of TVXQ, they don't have any dissatisfied feelings towards this lawsuit as it got them out of concerts and advertisements that they did not want to participate in," and "But in the case of SME, they had to pay compensation for said canceled events and future scheduled events with 8 billion Won to pay domestically and 15 billion Won to pay if overseas activities are calculated. Not only will SME suffer monetary loss, the image of SME has also been hit because of this trial."

SME's lawyer stated that the focus of this lawsuit was not the period of the exclusive contract or the unfair income division, but the cosmetic company that the three members were involved with. He explained that the only two reasons SME asked the three members not to participate in such a venture were because such a venture went against their exclusive contract and because the venture could hit TVXQ's image in a negative way.

SME's lawyer also said, "In reference to the length of their exclusive contract, the special quality of the entertainment business needs to be considered," and "Even in the recommended exclusive contract guidelines released recently, there are exceptions when it comes to singers."

He also said, "The three members claim that they never were told of exactly how much they earned but SME revealed this amount to the members every six months and the members even signed these income documents."

On a side note, the three members of TVXQ filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment on July 31st. They also filed for a Preservation of Evidence request to be able to calculate the exact amount of TVXQ's income.

The three members asked for a cancellation of their contract due to the unlawful clauses in said contract but SM Entertainment stated that the three members were filing this lawsuit because of the cosmetic company they were associated with; both sides show no signs of backing down. TVXQ's leader U-Know Yunho and youngest leader Choikang Changmin did not participate in this lawsuit.

Source: [star news+DNBN]
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Friday, August 21, 2009

[Lawsuit] TVXQ's 1st Court Hearing Ended Today

TVXQ and SM Entertainment's first court hearing took place today August 21st, 2009 at 11:40am KST.

TVXQ's lawyer stated "TVXQ members are very upset about the entire situation, but hopes that the lawsuit will end well." In addition, "We do not want TVXQ to split up. And even if they do change management companies, there is still a chance that TVXQ will remain together."

SM Entertainment's lawyer stated, "There are no personal grudges against the members, however this lawsuit is an enormous loss to the company, therefore we wish to resolve this as quickly as possible and have TVXQ continue their activities." In addition, SME stated that, "In regards to the members running Chinese based cosmetics businesses, SM only intervened as it could potentially hurt their image. That was the only reason."

The 1 hour and 20 minute hearing over exclusive contract rights and improper compensation is now over, however all parties are required to submit all proof and documentation by September 12th, 2009, in order for the courts to make a final judgment.

TVXQ: " We Want This Lawsuit to be Finished as Quickly as Possible"

TVXQ's YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu have stated that they wish for their lawsuit against SM Entertainment to finish quickly.

Both sides stated their position at the first hearing held on the 21st at 10:20 am.

The members' side pointed out the unlawful problems in their exclusive contract as well as the doubtful income division made by SME.

SME's side stated that they were in red figures for four years after TVXQ debuted, said that they had divided the income well and that what the three members were saying was false.

Both sides stated that they wanted this lawsuit to be solved as quickly as possible. The judge stated, "If both side would like to set a settlement date that will not be open to the public, that can be arranged," and urged both sides to come to a mutual agreement.

It can be seen that the judge believes it will be better for the two sides to start fresh as quickly as possible rather than have a tiring fight in court.

On the other hand, on the 20th, 120,000 fans submitted petitions against SME's unlawful contract to the Seoul District Courts where the trial is being held.

Source: [asiae+DNBN]
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[Lawsuit] 090818 Yoochun, jaejoong, Junsu "Focusing completely on the First Hearing"

The three members of TVXQ who are currently in a dispute with their agency SM Entertainment, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu are completely focused on preparing for the first hearing.

On the 17th, a representative of Sejong law firm, that is aiding the three members, told Money Today Star News that,
"We are preparing for the first hearing that will be soon," and "TVXQ's stand and SME's Stand on this situation have not changed at all."

He also said, "As they are still under SM Entertainment, all five of them are completing the shcedules they have been given."

The three members' lawsuit's first hearing will be held on the 21st this month.

The three members of TVXQ filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment on July 31st asking for their release from their exclusive contract. They also filed for a Preservation of Evidence request so that they could calculate the exact amount of their income. TVXQ's leader U-Know Yunho and youngest member Choikang Changmin did not participate in this lawsuit.

Source: [star news+Yuaerubi]
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[Lawsuit] DBSK forced to a corner; freedom comes at a price of 10.6 billion TWD

DBSK forced to a corner; freedom comes at a price of 10.6 billion TWD

Unsatisfied with their treatment under their managing company, members of Korean superstar boyband Dong Bang Shin Ki, namely Xiah Junsu, Youngwoong Jaejoong and Micky Yoochun have brought their case to court.

However, once the hearing is held and if the members lose their case, a compensation sum of approximately 10.6 billion TWD will have to be paid, tantamount to forcing them into a tight corner.

At the beginning of this month, news of the three members being dissatisfied with SM Entertainment and wanting to leave had begun to surface. In return, SM declared publicly that there was no such thing, and even professed that if they wanted to leave, then they would have to pay to do so.

Once the news of this got out, the 800 thousand strong fan base of Dong Bang Shin Ki almost immediately took action, firstly by using the cancellation of the SM Town Concert to start a boycott of SM products as a form of support for their idols.

SM Entertainment has also seemingly not cared much about all of these measures fans have been taking. Instead, SM has been registering the names of their popular groups such as Super Junior and So Nyeo Shi Dae (Girls’ Generation) as well as Dong Bang Shin Ki, in order to prevent Dong Bang Shin Ki from starting over elsewhere.

According to news reports, a seminar where media experts and scholars came together to discuss this problem all stood on DBSK’s side, saying that SM has used DBSK merely for profit, and the amount that they are paid every year, five miliion TWD, is ridiculous.

Now that DBSK wants their freedom back, the price that they have to pay is far too much, and purely a device to back them into a corner that they cannot retreat out of.

The “Dong Bang Shin Ki Seminar”, co-held by fans, scholars and media experts, was held in order to examine what would happen in the case if the three members lost the case: the end result would be to pay the 10.6 billion TWD compensation sum.

Thus, fans have denounced SM as a bloodsucking company, and they wish to voice out for their idols via the SM boycott

  • 10 600 000 000 Taiwan dollars = 401.778473 billion South Korean won
  • 10 600 000 000 Taiwan dollars = 321.02100 million U.S. dollars

  • Source: Yahoo! News
    Translated by: hazel @
    Shared by: Asianfanatics
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    Wednesday, August 19, 2009


    MBC's 'Section TV Entertainment News' is receiving scorn from TVXQ fans.
    On the latest episode aired on the 14th, 'Section TV Entertainment News' attempted to interview the TVXQ members who are in a conflict with their agency SME and in return, received a lot of criticism.

    Last month on the 31st, three members of TVXQ, YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment and were swept through numerous disbandment rumors but were spotted at the airport heading for Japan to complete their activities there.

    On this episode, 'Section TV' visited the work places of the members' parents and asked them questions regarding the current situation and also attempted to interview the members ar the airport as they were leaving.

    Regarding this, TVXQ fans who would like to see this whole situation work out well criticized MBC by sying, "It was not right for MBC to force an interview on TVXQ when they are suffering mentally and physically these days."

    On the program's forum, many people wrote, "Why did they go to their parents?" and "It all ended with nothing gained except a brief glimpse of them. The only thing this 'interview' probably did was inflict emotional pain on the members."

    Credits: Source: [NTN+Yuaerubi]
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    [Lawsuit] Star Name is Money

    Agency SM Entertainment who has been having legal disputes with 3 members of TVXQ, on July 4th submitted trademark application of names of some of its singers including TVXQ, Girls’ Generation, and Super Junior. SM is currently waiting for the result.

    In 2004 SM already tried to enter the same application but was rejected since “There’s no agreement from TVXQ members,”. To consider the current situation where there’s disputes between the two sides, the members are most likely not consent yet, again.

    Meanwhile, quoting the statement from patent attorney Hwang Sung-pil which was aired on MBC “Happy Day” on August 17th, “The cycle of legislation from trademark rights to trademark, is to legitimate the brand of artists name when deciding margin products, as well as to identify the source of right to display certain brand so that customers are ensure of one’s brand reliability.”

    Estimation of the value of star name.

    The star name whose value is worth for 180 billion won, is gained by Seo Tai-ji on 1st rank. The Korean wave star Bae Yong Joon name is worth for 100 billion won, and rose the 2nd.

    Active in three countries including Korea, Japan, and U.S, singer BoA is ranked 3rd for 100 billion won while on 4th with estimation value of 50 billion won is name of group Shinhwa.

    TVXQ group name is estimated to be worth 40 – 50 billion won thus made 5th. Meanwhile Korean wave star Won Bin and Choi Ji-woo names both are worth 30 billion, thus are placed together on 6th.

    source: Newsen
    trans: sharingyoochun@wordpress

    Monday, August 17, 2009

    DBSK Fancafe’s Prosecution Application Demanding Compensation

    On last August 14th, DBSK fancafe submitted a prosecution application to Korea Consumer Protection Board with subject ‘The postpone of SMTOWN LIVE ‘09′.

    The fancafe explained their background of accusation, “They acted unilaterally in postponing the concert, without consideration and fooling all the consumers who had already bought the concert tickets. Thus, we submitted this application.”

    In the statement which DBSK fancafe submitted to Korea Consumer Protection Board, they mentioned, “SMTOWN LIVE ‘09 which is scheduled to be held on August 16th is indefinitely postponed.

    The postpone was announced a week ago (August 7th) with the reason that DBSK’s case status will make the whole SM family couldn’t unite in the concert.

    However, on August 14th when SM released SMTOWN Summer album ‘09, they promoted the song by stressing it as ‘a song which shows friendship among the young men‘ which shows a whole contradictory.”

    DBSK fancafe demanded not only full refund of their tickets, but also 10% admission fee as compensation and official apology from SM Entertainment.

    Written by: sharingyoochun@wordpress

    [Lawsuit] DBSK/Tohoshinki gets 3rd golden album from Japan Record Association, “More curiosity about group’s Japanese promotions in the future”

    Japan Record Association recently announced, “Million single, album selling and acknowledge”. Dong Bang Shin Ki has been acknowledged for a golden disk by selling more than 100K copies of their albums ‘Five In Black’ in March, ‘Stand By You’ in July and ‘3rd LIVE TOUR 2008 -T-’ in August.

    With that, more attention are raised as in what will the next step be for Dong Bang Shin Ki 3 members Micky YooChun, Xiah JunSu and Hero JaeJoong’s contract discord with SM Entertainment.

    Credit: K-Bites

    Saturday, August 15, 2009

    [Lawsuit] Court Accepts TVXQ's 'SM Preservation of Evidence' Form

    On July 31st, three members of TVXQ, Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request Form, and the Seoul Central District Court has accepted the three members' Preservation of Evidence Request.

    The Seoul Central District Court has accepted the three members' Preservation of Evidence Request that they submitted on the 5th earlier this month through the Sejong Law Firm. This request was for the preservation of all receipts, transaction slips, account books and such to calculate the exact amount of TVXQ's income.

    It has been found that the Court demanded that SM hand in all documents relevant to this lawsuit.

    Source: [no cut news+DNBN]
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    Friday, August 14, 2009

    [ADV] Stand By U Project

    Hello Fellow Cassies and Bigeast

    As TVXQ is going through hard time right now, a community to unite international fans from all over the world had been created, known as TVXQSUPPORT, to show our love and support to TVXQ.

    Korean Cassies latest project in showing support towards TVXQ is through boycotting SM.ent releases and they are right now collecting fund for newspapers advertisement.

    As for International Fans, the current project is to make Stand by U make it at least to the Top 10 of Oricon Daily / Weekly.

    Due to that, we are calling all of you to join this project.

    The single CD buy date is:

    Sunday, August 16th (Japan Time)


    You may be asking, why Sunday?
    It takes two day for online orders to process, so it will take until Tuesday for all the orders to go through to the Oricon.


    Wednesday, August 12, 2009

    [Lawsuit] Is There a Solution for ‘Slave Contracts?’

    With Korean pop group TVXQ embroiled in legal action against its agency, SM Entertainment, over an allegedly unfair contract, fans and agencies alike are focusing attention on the validity of so-called “slave contracts.” Contracts are dubbed as such for reported disadvantaging the stars and would-be stars who enter into them with management agencies.

    These excessively binding contracts came into focus when actress Jang Ja-yeon ended her life earlier this year amid allegations that she was threatened and forced to provide sexual favors by her former agent.

    TVXQ brought yet another perspective to ongoing speculations regarding unfair practices carried out by both large- and mid-sized entertainment agencies here.

    According to the legal document filed by three members of the group ― Micky, Xiah and Hero ― the agency prohibited their freedom as artists by claiming that the group’s and members’ activities belonged to the agency, requiring them to follow the agency’s demands to appear at certain performances and broadcasts, and requiring them to stay under the agency’s wing for 13 years.

    Experts say that this type of contract is standard in Korea’s entertainment industry. A newcomer’s path to stardom depends highly on local agencies’ investments, unlike in the United States, where up-and-coming artists often sign deals with agencies after proving their talents at bars and small theaters on their own.

    “From top stars like the late actress Choi Jin-shil and singer Uhm Jung-hwa, celebrities were ‘made’ into stars by their agents and agencies. These young artists need to be ‘invested in’ for at least 10 years,” said Choi Jung-han, a lawyer and former head of the Korea Entertainment Law Society.

    The agencies, naturally, extend contracts for more than 10 years to collect investments in the future. Of course, this only applies to successful cases.

    Choi explained that although agencies spend their time and money investing in several groups and aspiring talents, only a few of those clients ever taste success. This leads to contracts that trap successful stars into what is now referred to a “slave contract.”

    “If the case with TVXQ and SM does not settle down in a proper way, the same incidents will continue again and again. We must revise contract terms regarding the contract periods and profit distribution,” Kim Won-chan, chairman of the Korea Singers Association, said during a radio interview last week.

    Kim pointed out that although SM Entertainment claimed that they offered 11 billion won to the members, the fairness of the payment amount should be questioned, considering the overall profit the agency has received over the past years.
    “There must be separate regulations detailing the maximum and minimum amounts in profit distribution,” he said.

    The Fair Trade Commission posted a recommendation notice regarding the issue last month, setting forth a standard contract for artists and agencies.

    “The commission did release the notice as a standard contract, but this does not have any legal effect, which is why many agencies and artists are quarreling about the actual practice of it,” culture critic Kim Sung-soo said.

    Kim added that the overall atmosphere must change to scrap such “slave contracts” and messy legal disputes.

    “This type of discontent appears because Korea focuses on only a number of stars. Agencies have no choice but to rely on those who are popular and successful. In the case of major entertainment agencies, newcomers have no choice to follow their contracts to become famous. We have to change the overall system so that the entertainment business can focus on a larger and longer perspective and nourish various types of artists,” he said.

    Meanwhile, the group is expected to follow through with their scheduled performances in Japan. Avex, the group’s agency in Japan, said last week on its official Web site, “We will support TVXQ’s Japan activities to the full. We expect fans to continue to root for TVXQ,” according to Yonhap News.

    “We have received assurances that both sides don’t want the group to disband. This is interpreted as meaning that SM and the three TVXQ members will go ahead with their scheduled performances in Japan,” Avex said.

    The K-pop group will sing in Tokyo on Aug. 22 and 23 and Osaka on Aug. 29 and 30.

    The five-member boy band will also appear on “Music Japan,” NHK’s music program* next month.

    Source: 08/11/2009
    Shared by: KPOPJjang@wordpress + DBSKnights

    *The author made a mistake here. All five members will not be appearing on "Music Japan," only Jaejoong and Yoochun to promote "Colors ~Melody and Harmony~"

    Tuesday, August 11, 2009

    [Lawsuit] SM Entertainment’s application for trademark rights of "Dong Bang Shin Ki" on 5th August

    SM Entertainment has once again applied for the trademark rights for Dong Bang Shin Ki.

    It is known that SM Entertainment had gone to apply for continuation of trademark rights for the name ‘Dong Bang Shin Ki’ at the Korea Industrial Property Rights Information Service (KIPRIS) on 5th August together with 3 other names.

    Currently the company is in a lawsuit with Dong Bang Shin Ki 3 members Xiah JunSu, Micky YooChun and Hero JaeJoong, and this application has brought up different interpretations from music experts.

    With the case of SM Entertainment applying for trademark rights for the name, especially since there was once in 2004 SM has refused to do so for 東方神起, much interests are roused as to the intention behind the act.

    SM Entertainment also applied for trademark rights of other groups like Super Junior and So Nyeo Shi Dae on 4th August.

    One music industry expert said, “Applying for the trademark rights for the singers in your own company is a natural thing. Sometimes it has been taken as a sensitive issue by many.”

    Another said, “The company has the right and this is a natural thing to do. It shouldn’t be seen as a bad intention.” While another said, “Dong Bang Shin Ki is a group that is wellknown throughout Asia and Korea. If the trademark rights are abused, it is damaging to their image. There was a problem of disbanding some time back. But it is true that the sensitive time comes when the company applies for trademark rights to the name.”

    Source: K-Bites

    Jaejoong’s letter to members (Mirotic Period)

    I forgot to post this earlier ~ surfaced on the net a few days ago. Might shed a light to you on why they are doing this lawsuit.

    Jaejoong’s letter to members (Mirotic Period)

    Jaejoong say:

    To: Yoochun
    Yoochun, you don't say much usually but writing this down using these kind of words make me a little embarrassed. I know you have been very tired recently, worried and forcing a smile out - I feel sorry. We are always together and the other members are unable to see your sadness but the hard words have to be said out. If you're tired, tell me, I will help you. I will also listen to all your troubles because I am always by your side. You can tell me anything and everything - the soul of my life. Yoochun, I love you.

    To: Junsu
    My cute Junsu. Because of you, we are DBSK; Junsu, the sound of DBSK. Kim Junsu, hyung really thinks you're important, do you know? I have never forced you to do anything and you have always treatedd me seriously. Sorry, but I love you, my cute little brother, Junsu. Thank you, and sorry, as comapred to many others, hyung really understand your past, and wants to help you and that is why please continue working hard! I love you, Junsu!

    To: Changmin
    Our small and cute cat, we haven't been making you do the cooking recently, sorry. Because of you, we have almost become closer, frustrating. However, we totally understand it is due to your fatigue and your lost energy when you occasionally tease us and command us to do stuff. We are all almost crazy.. haha.. always with a good heart and full of innocence, Changmin. You must continue working hard next time. We are always protecting you, if you're tired, you must say it and we will help you. Forever the youngest, I love you.

    To: Yunho
    Jung yunho, Yunho, Yunho, our leader, Yunho. Are you tired recently? My, Yun, Ho, the reason he became the leader is because he has to tolerate all the hardships. Whenever I see your fatigue body, I think that way. I want to help shoulder some burden but am always unable to.. I know when we received the award, the other members were crying but you were holding it in and only hid in the toilet and cry when we reached home. Therefore, thank you for your letter but what was the content in the letter? "Sleep earlier, if you don't sleep I will kill you.." Yunho, there would not be me if not for you. My other half, Yunho, I love you.

    Source: [heyjj]
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    [Lawsuit] Probe Finds Entertainers Frequently in Bum Deals

    After three of the five members of the Korean pop band Dong Bang Shin Gi, a k a TVXQ, took legal action against the group’s management agency, S.M. Entertainment, on July 31, claiming an unfair contract, officials began examining how other top groups are being managed.

    What they’ve found was sometimes startling. Yuna, a member of a band called Girls’ Generation that is under the same agency, is in a 13-year contract similar to the ones claimed by the three TVXQ complainants.

    A member of Super Junior, a 13-member pop band managed by S.M., cannot leave the company for between five and 13 years.

    “Even though I want to transfer to another management agency, it is not easy because of the long contract period and a large penalty I would have to pay,” the member said during a phone interview with the daily newspaper Ilgan Sports. “Since each member receives 1/13 of total profit earned from the band’s record sales, individual income is not that high.”

    Wonder Girls, a Korean girl pop band. [JoongAng Ilbo]
    Members of the Wonder Girls, a five-member girl band under JYP Entertainment, have signed an exclusive 7-year contract.

    Members of pop groups Big Bang and SS501 are locked into 5-year contracts by YG Entertainment and DSP Entertainment, respectively.

    During its investigation into 20 management companies starting in April, the Fair Trade Commission has found unfair contract clauses for 230 entertainers managed by 19 agencies.

    Included in such clauses are ones mandating that entertainers have to report their whereabouts to the manager at all times, contractors are not allowed to get any job in the entertainment industry after terminating contracts and contractors cannot retire without authorization from the manager.

    Following the investigation, large agencies have completed either renewing or revising contracts and small and medium companies are in the process of doing so. So far, most legal disputes have been between agencies and actors and actresses rather than singers. “The reason why controversies over unfair contracts among singers have not surfaced is that within Korean pop music, there still exists a custom of running the business by verbal agreement rather than strict contract clauses,” said an executive official from an agency who asked not to be named. “Many new singers think that it is hard to become a star if they file complaints against their companies. I believe there are a lot of entertainers suffering from unfair contracts.”

    The official also said that members of idol pop bands are mostly teenagers when they sign contracts and have to serve two to three year apprenticeships. They have no choice but to accept unfair contracts because they will not have a chance to debut if they fail to satisfy managers during their training period.

    Many experts say disputes between agencies and entertainers occur because agencies try to make up for initial investment costs they expend in promoting idol groups. Also, some budding stars fail to make it despite the investment, leaving the agencies holding the bag. Agencies complained that it is difficult to run the company when contracts are revised after an entertainer becomes popular because of various investment costs.

    Others see things differently. “If Korean management agencies keep on taking the lion’s share of profits earned by their entertainers, more legal disputes like TVXQ are bound to happen,” said Lim Jin-mo, a music critic.

    Experts say the only way to limit onerous contracts is to adopt new rules and regulations. Along with these steps, some suggest that the patriarchal system that lets agencies treat their entertainers as chattel needs to be modernized.

    As conflicts related to unfair contracts have flared in recent years, the Fair Trade Commission began a contract-by-contract probe into the issue and has requested revisions. Some improvements have been enacted. And the commission introduced a system of using “standard contracts” for entertainers last month and strongly recommended that the entertainment industry to use it.

    However, there are exceptions in the revised contracts letting an agency sign long-term contracts for special reasons, such as a long period of overseas activity. Korea Entertainment Producers’ Association has come out against the new system, saying that it does not reflect the reality of Korean pop music.

    Perhaps the Achilles’ heel of the proposed contract is that it is merely a recommendation that has no enforcement teeth. Japanese fans of TVXQ and many experts there deride Korean entertainment management. They said it is impossible to sign a contract that lasts for more than 10 years in Japan.

    But there are differences in the entertainment culture of the two countries. In Japan, where the scale the entertainment industry is much larger than in Korea, a few big agencies are firmly in control of the industry. New entertainers renew their contracts every two or three years and get paid monthly. In the United States, one entertainer is sometimes managed by two separate companies, a management agency which supports overall activities, and an agent overseeing an entertainer’s products and contracts.

    “The entertainment industries in the United States and Japan have developed after going through a lot of trial and error. It is impossible and not right for Korea to immediately follow their example,” said Hong Sung-kee, president of Korea Entertainment Law Society.

    Some say culture is more important than changes in written rules and laws. In a culture that refers to an agency as an entertainer’s benefactor while treating a singer as a betrayer when he or she complains, it is difficult to develop a reasonable contract. “Even though more Korean entertainers are becoming popular on the global stage, the system of managing them has not changed,” said Lee Dong-yeon, professor of Korean Traditional Arts at Korea National University of Arts.

    A new management system and culture have to be developed so that new entertainers can also get legal advice when signing contracts,” he said.

    By Yang Sung-hee, Lee Young-hee []

    Source: JoongAng Daily
    Shared by: lynaeina@soompi + DBSKnights

    [Lawsuit] Eugene on DBSK-SM discord, “It is a pity that companies make use of new singers’ weaknesses”

    Singer/actress Eugene talks about her views regard the discord between SM Entertainment and Dong Bang Shin Ki. She said in a recent interview, “Even though I don’t know the details, I hope both sides can settle this amiably.”

    Eugene was from S.E.S under SM Entertainment debuting in 1997. S.E.S was one of the first girlgroups and had the concept of fairies and had made issues with their songs and costumes. After which, there were the other girlgroups like Fin.K.L, Baby VOX, Chakra. And then recently we have WonderGirls and So Nyeo Shi Dae etc.

    Eugene said, “It is true that SM have a good training system for a big company. With that, there are many youths who wants to debut under these big companies and there are many cases of them signing long term exclusive contracts with the company. When the singers grow and develop, the contract should also change if not there will be piled-up unhappiness. It is a shame that companies take advantages of the weaknesses of these new singers.”

    She added, “Recently when I look at the juniors, it seems that their schedule is so tight they can hardly breathe. It would be great if they are able to find happiness and influence through their entertainer activitise and at the same time are able to improve on things like profits etc.”

    Credit: Kbites

    [Lawsuit] Big Bang's Daesung Point of View on Lawsuit

    I: Three members of TVXQ are in a lawsuit. How did you feel after hearing that

    DS: I've been to Japan. TVXQ's popularity is even more extreme than we can imagine. Sad. I'm quite close with Yoonho hyung since we were on the same program; we still contact each other. I'm not sure why, but I hope it ends well.

    Original article by Choi Minwoo
    To see original article click here.
    Translated by Beau @ bbvipz

    [TRANS] 090809 JoongAng Sunday Magazine Issue

    TVXQ, this generation's legend created by funds and nurtured by fans.

    An example of a successful Idol Group

    TVXQ was the third male idol dance group that SM debuted after H.O.T. and Shinhwa. SM, who is the forerunner when it comes to the K-pop Idol culture, used any and every one of it's producing methods when it came to created TVXQ. Different from their seniors who could not shake off the image of 'A dance group that emphasizes looks,' TVXQ was an idol group that emphasized the members' vocal abilities from the start. They came with an a capella song with excellent vocalist Xiah Junsu as the main vocal. Dance skills and good looks were standard. Their debut song "HUG"(2004), that had some embarrassing lyrics such as "I want to be your bed for one day," gave teenage girls the image of a sweet and charming boyfriend. (The members who would whisper 'girl' after their debut successfully evolved into a mature group who gave off their sexy masculinity in 'Spell(MIROTIC)')

    Each member becomes a subject for Games and Stories

    SM's ability to instill a unique character in each member was the most prominent with TVXQ. 'Visual Shock', pretty boy YoungWoong Jaejoong who has looks that seemed to pop out of a comic book, manly leader U-Know Yunho, sweet guy Micky Yoochun with soft features who shows his honest feelings by frequently crying on stage, tall and handsome Choikang Changmin who is the youngest and cute Xiah Junsu who talks and acts like a child. These characters can be seen anywhere from tv shows to performances, to even the smallest of actions. It is almost as if they have made a kind of drama about themselves unlike other groups.

    'Xiahmori', known by the vast majority of fans, is the members' intentional bullying of Xiah Junsu. Not only does this bullying emphasize Xiah Junsu's cute factor, it also shows the closeness of the members. To compare, the members of TVXQ are like the members of 'Infinite Challenge', each having their own unique character and part, each member created their own story of their characters early on in their singing career. Their images grew stronger as they matured. Masculine U-Know Yunho's 'oldest brother' image sunk in and stayed. While Yoochun's warm acceptance of Xiah Junsu's childish behavior has given them a 'sweet couple' image. The team's youngest member Choikang Changmin, who had the weakest image at the start, became the cool, indifferent 'Chic Chang,' or the 'Real Leader.'

    These images and characters were the deciding factor when it came to the fans' acceptance of TVXQ's existence as one story. There are endless 'activities' to do with TVXQ as the subject. Fan-Fictions that include the idol members loving each other are prevalent in other groups, but they are not as good quality or quantity wise as they are with TVXQ as the main subjects. There is also a game that is called 'TVXQ's Answers for Situations'. It is a game where fans imagine what members would say about a same situation. Through these games, fans are able to become closer to the members, and the relationship between fans become stronger as they share games and laugh about their content. Not only their official fan club site 'Cassiopeia', but also all their tens and hundreds of fan cafes and sites have become a playground for fans.

    The world's greatest fanclub that got on the Guiness Book of World Records

    The number of people in Cassiopeia is 800,000. The number of people in Daum's fan cafe 'Yuaerubi' is also 800,000. SM stopped signing Cassiopeia members in 2006. Nowadays, TVXQ's fans Cassiopeia are simply called 'Ca-A' or 'Kang'. Cassiopeia, a name that derives from the five star constellation, was included in the Guiness Book of World Records for the largest fan club in the world. TVXQ's fandom, that started off as most fandoms do with the majority of fans being in their teens or 20s, spread out to include people in their 30s and 40s, and international fans. The fan clubs have even divided based on age. 'Xiah Soul' is a fan site for people in their 30s who have a preference for Xiah Junsu, and 'DongnaeBangnae' is a fan page where many international fans participate.

    The fandom's personality has changed as well. The generation of fans who not only worship their idols, but also protect and support them, or act as spokespeople for the stars has come. The motherly guardian fandom that watches the stars grow from a young age started off with 'the first Nation's Idol' GOD and has evolved and solidified with TVXQ. The fandom that considers themselves the spokespeople of the stars have served community service hours or donated money under the name of the star. 'Match Made in Heaven' and 'AVC' are some of the Cassiopeia community service groups that move around the nation helping others. Fans do these services to better their star's image but they also become great contributors to society. As many people know, when the Mad Cow Disease crisis occurred in Korea last year, the first people to protest on the streets were the fanclubs of TVXQ.

    The Internet's groups for people with the same taste

    A fanclub's strongest cohesion comes from liking the same thing. Especially for society's underdogs who are open to the economic aspect of life, teenage girls, it is hard to find the sharing of one's affection without any competitiveness. The only competition amongst fans happens to be their faithfulness of their stars. In fan sites that work on a ranking system, many ask detailed questions about TVXQ for 'level ups'. There are even essay questions such as, 'The effect of a capella on TVXQ.'

    The made-up language and ceremonies that only the fans know have also solidified this fandom. Cassiopeia decides on the type of cheer they will use at a TVXQ concert through voting. There are thousands of words and phrases that only the fans understand. The word 'Ilko' refers to an adult who hides the fact that he/she is a TVXQ fan and acts like a regular person. But the biggest influence of the fandom can be found in the music market. Instead of downloading illegally, fans have opened up their wallets for CDs even if TVXQ releases three versions of the same album. At the same time, TVXQ has also become a victim of an excessive fandom. Because of them, the new 'personal life fan (A fan who follows them everywhere)' has emerged who follows the star's movements almost 24 hours every day.

    'Fan-Fic', putting sexual imagination to paper

    TVXQ is also at the top when it comes to Fan-Fiction, a characteristic of idol fandoms. Fan-fics refer to the romance novels written by fans that depict the idol stars engaging in homosexual relationships. Rather than going against their 소유욕 by having their 'oppas (older brothers)' taken by other girls, the fans have made the members gay in the stories. It can be seen as a branch off of Japan's 'Yaoi' culture. After TVXQ's debut, SM aroused the homosexual imagination aspect by linking the members as couples. Of course this does not mean that the members are actually gay, and they used this romantic imagination, that could be used for heterosexual situations, to relieve the built-up sexual tension that women in their teens and 20s have. Many of the fan-fic writers are up to par skill-wise to professional writers. The majority are free to read through the writer's homepage, but there are some that are sold for profit.

    An interesting fact is that there has been a sudden surge of fans in their 30s and 40s. This correlates to the increase of Auntie-Uncle fans that have appeared in society these days. They act as a protective guardian fandom as well as a fandom that has physical desires for people who are extremely younger than those fans are. Like adults who love teen romance such as 'Boys Over Flowers' or "Gossip Girls', they have an air of people who are physically attracted to and wanting idols who are way younger.

    The Idealization of 'Me'

    As most teens are limited from relationships because of their age, idols become a 'substitute lover' for them. At the same time, fans see idols as a part of themselves, feeling the success of the idols is their own success. Also, since teens live in a highly competitive society and do not have many successes of their own, they see TVXQ's success story with great awe (This is also why fans can be ruthless when it comes to tight competition with other groups.) If the members of TVXQ are not able to overcome this current situation, the devastating impact it will have on their fans is unimaginable.

    They even have unwavering Vocal Abilities

    The most important point of this TVXQ syndrome is their music. Even though they debuted as an idol group, they showed their vocal maturity and growth through their Japanese activities. Match the powerful dance skills trained through the SMP genre (SM's unique genre of song with powerful dancing), their stage presence, their ability to sing unwaveringly even after a powerful dance, and their good looks, and it's no wonder TVXQ started off the second Hallyu Wave. From dance to pop-ballads, the members have done them all and have used the members' star-qualities to their fullest potential. At live concerts, especially, has their music touched many hearts and that is why they are worthy of being called 'The Gods of the East' by their fans all over the world.

    Source: [JoongAng Sunday + DNBN]
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    [Lawsuit] 090809 TVXQ’s Homepage Flooded With Complaints

    After the ‘SM TWON LIVE ‘09′ was postponed indefinitely by SM Entertainment who said the reason was the lawsuit between the agency and TVXQ’s three members, Xiah Junsu, Micky Yoochun and YoungWoong Jaejoong, the fans’ criticisim has been flooding in.

    SM released an official statement on the 7th of Augus stating that, “The ‘SM TOWN LIVE ‘09′ that was scheduled to be held on August 16th at the Seoul Jamsil Olympic Stadium has been postponed indefinitely.”

    SM also stated that all ticket holders would be receiving a full refund but the fans’ rage did not subside easily. On TVXQ’s Hompage, posts of disappointment came from not only TVXQ fans, but from fans of other singers who were to be performing in the SM TOWN concert.

    TVXQ fans stated, “We put a lot of effort and money into making events, and now they’ve become obsolete,” “How are they going to compensate for our efforts to secure tickets?” “We even rented a car to go, how are going to compensate for that?” “We’ve waited one year, and this is what we get?” They showed such strong reactions and protested to SM Entertainment. Some fans said that SM was trying to place the blame on TVXQ by saying that the concert was postponed because of the group and harshly criticized SM for what they did.

    The fans of fellow SM Entertainment singers such as SHINee and Super Junior also showed their discontent and sided with and supported the fans of TVXQ.

    Some fans said they would visit SM to give their complaints while other said they would boycott SM goods. There has also been a suggestion for all the fans to gather and rally against SM on the 16th at the Jamsil Olympic Stadium at the time the concert was supposed to happen.

    SM said, “SM TOWN LIVE ‘09 was a concert that was extremely popular with tickets being sold out as soon as they were put on sale, so we are very sorry to be giving out this unfortunate news,” and “We promise to bring a better SM TOWN LIVE concert in the future to those fans and families who wish to come to these concerts.”

    Source: [newsen+ Daum]
    Translation credits:
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    [Lawsuit] JoongAng's newspaper's cartoon sketch

    Cassiopeia's answer:

    Credits: DNBN + ces@soompi

    [Lawsuit] 090807 TVXQ Gets ‘V.I.P. Treatment’ in Japan

    TVXQ participated in the Meiji Jingu Fireworks Summer Event held in Tokyo, Shinjuku. The staff working at the event covered the passage that lead the members to the stage with black material so the members would not feel disorientated by the fireworks.

    According to Japan’s Daily Sports newspaper, “So that the five members, including Junsu(23), Jejung(23), and Yuchun(23) who filed a lawsuit against SM, would not feel disoriented or panicked by everything, the staff at the event covered the passage leading to the stage with black material and gave the members ‘VIP Treatment’.” It also said, “After all five of them said, ‘Hello, We are TVXQ!’ in unison, they sang seven songs straight without wavering.”

    Japan’s Mainichi newspaper said, “According to TVXQ’s Japanese agency Avex, all five of them will be participating in the ‘a-nation 09′ performances on the 22~23 in Tokyo and the 29~30th in Osaka as planned.”

    Source: [chosun + DNBN]
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    [Lawsuit] TVXQ's Lawsuit Leads to Postponement of SMTOWN LIVE ‘09

    Due to the lawsuit from TVXQ, SM Entertainment (SM)’s SMTOWN LIVE’09 Concert was postponed.

    On August 7th, SM representative said, “SMTOWN LIVE’09 which will be held August 16 at the Seoul Jamsil Olympic Stadium will be temporarily postponed,” he said.

    With three members of TVXQ are involved in injunction application against SM, it’s impossible to hold a normal concert–as judged by SM–therefore the concert is temporarily postponed.

    SMTOWN LIVE’09 main point is a major concert that features harmonization of various stage from all SM families, and the current situation is not applicable to do so. Thus for the sake of quality performance, the decision was made.

    “As soon as we open the advance sales for SMTOWN LIVE’09 tickets, there were many good responses from public. We’re really sorry to have to tell all audiences this unfortunate news.” SM said.

    For SMTOWN LIVE ‘09 advance sales ticket refund, please contact the G-Market ( phone number 1566-5702)

    Source: Newsen
    Translation: sharingyoochun@wordpress

    Monday, August 10, 2009

    [Lawsuit] SM's stance: We gave DBSK 40% of the profit

    SM Entertainment revealed recently, “We split profits with group Dong Bang Shin Ki at the ratio of 4:6.”

    Revealed on MC programm “Current Affairs Magazine 2580′ aired on 9th August, Dong Bang Shin Ki has brought in a recorded 4.98 billion KRW. Of these, SM has invested 2.24 KRW. And the rest was split between the group and SM at 4:6.”

    SM said, “Of the benefits, Dong Bang Shin Ki gets 4 proportions and SM gets 6 proportions. Of the 2.74 KRW, Dong Bang Shin Ki gets 1.10 KRW and SM gets 1.64KRW.”

    It was also revealed that for overseas promotions, Dong Bang Shin Ki gets 7 and SM gets 3 proportions.Also for overseas event, CF revenues, they are split at 7:3.

    But according to the 3 members of Dong Bang Shin Ki, “The splitting of profits is not transparent. We cannot trust them.”

    And also about their 13-year contract, SM said, “We also secured the time when the group went overseas to promote. In Korea 3~4 years, in Japan 3~4 year, in China, it was 3~4 years.”

    And about this, the 3 members’ lawyer said, “This is a contract which will make this idol stars work their live. Also for album sales, they only receive no more than 0.4~1% for each member.”

    Updates on the case of the lawsuit against SM Entertainment.

    Credits: KBites

    Comments: Please do not take any of what SM is declaring as factual as of yet. As you heard in the radio show I posted earlier, SM has been manipulating their accounting statements to make profits appear less with misc. expenses. Without further investigation on their accounting books, their profit & revenue numbers, and the sentencing and final verdict of the judges, we cannot even afford to give SM the benefit of the doubt. Why? Because they have have done this 3x in the past with their other huge label idols. Lets see what happens.

    [Lawsuit] 090806 AVEX Japan's Announcement

    Our Tohoshinki members, JEJUNG, YUCHON, and JUNSU have been confronting with SM Entertainment Co.Ltd (headquarters: Seoul, Korea), to apply provisional disposition to stop the exclusive contract effect to Korean court. Regarding this matter, the members have said, “This is a temporary injunction application, do not make any assumptions that TVXQ will be disbanded.”

    In return, SM Entertainment Co.Ltd also stated, “TVXQ is not a thing such as individual or an enterprise, it’s a group that represents the country as well as Asia. We think TVXQ’s activities should continue.

    From each side statement, it’s clear that both parties do not desire for the disbandment of TVXQ.

    Meanwhile, since our company is coordinating with SM Entertainment in planning the future activities of TVXQ in Japan, “Basically we’re the (three) members legal office for activities in Japan.”

    However, we have to apologize for everyone’s uneasiness and inconvenience, as we also feel the same way. We will work hard to support TVXQ in Japan, watching the warm future of TVXQ. Thank you.

    source: toho-jp
    trans: sharingyoochun@wordpress
    Sharedby: DBSKnights

    [Lawsuit] Park Chan Jong: "SM, fraud against DBSK."

    Note: This is from the experience and perspective of a respected lawyer OUTSIDE the lawsuit, meaning, he is not involved in the case himself but is giving his opinion on the matter.

    Park Chang Jong lawyer, former member of the National Assembly, who previously dealt with big cases such as ‘Minerva’ and Park Yeon Cha case revealed his stance on the controversial DBSK Case. He is the representative of ‘Honest People’ and in a report stated that, “it is clear the contract DBSK signed with SM is a slave contract. He asserted in the case with SM Entertainment’s battle, DBSK’s company’s acts, according to the criminal law, can be considered as fraud against minors. He criticized the 13 year contract and especially stressed that it is a fraud against minors.

    According to criminal law article 384, clause 1, “this type of fraud states that taking advantage of the lack of judgment minors or disabled people can have and thus, profits from is punishable for up to 10 years of penal servitude or for up to 20 million wons of penalty.

    Following, SM signed a contract with DBSK who were minors, and thus were not in conditions to make informed judgments, and made immense profit.

    He added that this case must be taken as a lesson in order to eradicate the slave contracts employed by many entertainment companies. He especially pointed out the injustice parts in DBSK’s contract.

    He stated:

    • By setting the contract condition for 13 years, when the 5 members of DBSK were minors, SM took into consideration of their life as entertainers, and in result, tied them down for life
    • Upon cancellation of contract, required for penalty 2 times the amount of future earnings
    • Upon signing of the contract, did not confirm the original contract with the party
    • Concerning their earnings, required the album sales to exceed 500,000 copies for the parties to receive 10 million wons the next year

    Further, he stated, “the criminal acts by SM can be accused not only by DBSK members but a third party and this must be an opportunity to learn lessons eradicate the slave contracts.”

    Article Credits: Lee Jae Jun (CBS Politics)

    Translation Credits: j.adore @ soompi

    [Lawsuit] All SM Artists Are Under The Same Contract‏

    In relation to 3 TVXQ members, Junsu, Jaejoong, and Yoochun who filed injunction application to suspend exclusive clause contract, Seoul Court has been collecting all contracts of other singers under SM Entertainment and miraculously, their contract with the agency is completely similar with TVXQ.

    SM artists’ contract mostly last for a long period (averagely 10 years), unfair income distribution (50,000,000 won is paid only if the album sold more than 500,000 copies), and penalty termination (3 times of initial investment and 2 times of loss). Many SM idol stars have been in the same shoes as TVXQ for exclusive contract clause.

    District Court (first level court) and High Court (second level court) has come to the same conclusion, that the agreement in contract is unfair thus labeled it as “invalid”. However, Supreme Court’s (third level) adjudication has not yet to come. The artist can be said to win the case only if the Supreme Court has agreed to the two court’s adjudication, else it’s not proceed.

    CF model Yoo Minho (25) in 2006 had a discord against SM related to exclusive contract as well. Therefore TVXQ’s case in not the first case of an artist having court battle against SM. Even the Yoo Minho’s contract is likely similar with TVXQ contract, which makes it more cliche. Minho’s starting contract period was also close as TVXQ’s, January 3, 2003 (TVXQ is June 30, 2003).

    Yoo Minho – SM court battle lasted for 1 year and 6 months in Yoo Minho’s winning with some adjustment clauses, yet she dropped from SM, while the agency influenced the PD of her show to shut down the TV show since she’s no longer worked for SM regardless the good ratings it got.

    SM seems to use a standard form in each of its contract therefore it appears that other singes under SM such as Super Junior and SNSD have signed the same contract as TVXQ.

    In addition, TVXQ members requested to SEJONG lawfirm–3 members legal representative–through an e-mail on August 5th “Until the trial date is confirmed, please do not reveal anything about our stand, to avoid more court motions.”

    Source: sportsseoul + ejungblog
    Summarized by: sharingyoochun@wordpress

    Friday, August 07, 2009

    [Lawsuit] DBSK Angered by Influence of Slander

    "Don't mention any troubles between the members."
    Misunderstanding due to their mysterious close acquaintances

    DBSK members are angered by false truths being reported and the influence this has caused.
    On the 6th, the lawyer representing the three members stated, "there have a rampage of statements given by people who were reported to be close acquaintances. The speculative and slanderous reports by them are distorting this situation. They have appeared and discussed issues such as motives for the lawsuit but they all possess some misunderstandings about the issue. Acquaintances are only acquaintances, they are not DBSK members. There is no troubles between the members. Members are not happy about what they are hearing.

    Through their lawyer, the three members recently forbid all their close acquaintances from talking about this issue. Not only did all members change their contact information, they have expressed their intentions not to publicly speak about their official stance for a while. This can be seen as decisions due to the troubles that slips of tongues has caused.

    The reason that DBSK members have forbid their acquaintances from talking is due to the start of rumors about troubles between the members. They have expressed multiple times that there are no troubles. However, a close friend of the members revealed that there was some trouble between the members who filed for lawsuit and the 2 members who did not. There was also rumors that after the Thailand concert, the members hunt out separately and that they acted separately even in Korea. These rumors were found to be groundless. DBSK members left to Japan on the 6th and as always, arrived to the airport in one van.

    The same thing can be said for rumors that the 3 members filed for lawsuit without consulting the other two members. This time, a 'close acquaintance' of the two members showed up stating that the makeup company was the reason for this lawsuit and that the 2 remaining members remained silent in order to avoid disbandment. This acquaintance reported that if the situation worsened, the two members would file for compensations to SM and the three members.

    These rumors cannot be confirmed, and moreover can make the situation worse. The lawyer and SM both revealed that these rumors are false. A staff reported, "the situation is very sensitive. The situation changes by the minute. The act by the members to forbid their close friends from talking was unavoidable."

    T/N: More reasons to take all the articles very lightly. Also, the members won't be giving out official reports anytime soon, so I think we all should just wait and see where this takes...

    Original article can be found here
    Article credit: Kim Sung Han @ sports hankook (한국일보)
    Translation credit: j.adore @ soompi
    Shared by: DBSKnights

    [Lawsuit] DBSK fends off rumours for disband, “We hope to perform on this stage again next year”

    Recently having 3 of its members caught in a lawsuit with their company about retracting the exclusive rights from their contract with SM Entertainment, Dong Bang Shin Ki has promised that they will perform in Japan again, fending off rumours for disband.

    It was written on Asihi newspaper on 7th August, “Dong Bang Shin Ki has fended off rumours for disband. Dong Bang Shin Ki had performed in Tokyo for the 30th 神宮 fireworks festival on 6th August.”

    The news added, “They have assured worried fans about rumours to their disband. After the live performance that day, they had said, ‘Very enjoyable. We want to do this again’.”

    “This is their first stage after news of danger of their disbanding, Dong Bang Shin Kishowed that those news are just rumours and are not affected by those news at all.Xiah JunSu said, ‘We are very excited that many people came to see our performance. We want to perform on this stage next year too’.”

    Lastly the news said, “We look forward to more performances by Dong Bang Shin Ki, proving the disbanding rumours wrong.”

    Source: Sookyeong (K-bites)

    Thursday, August 06, 2009

    [Lawsuit] Son SeokHee's "Eyes Focused" on DBSK - Part 1 (Eng Sub)

    [Eng Sub] Son SeokHee's "Eyes Focused" - Part 1
    Son Seok Hee is a prominent & respected journalist and pundit (like Charlie Rose). He hosts a radio show that has interviews and roundtable discussions.The show has a wide range of audience. This week, he discussed the current DBSK issues.
    - vid from DNBN 쿵짝

    Credits: Mickytohos
    Shared by: DBSKnights

    [Lawsuit] The Situation, the Truth and Distortion (Report from an Insider)

    The future of idol group DBSK is uncertain. DBSK’s 3 members (Micky YooChun, Xiah Junsu, Youngwoong Jaejoong) and SM’s trouble is too deep. Although they state that there will be no disbandment, in reality, disbandment is more than likely. Even if they avoid the worst case scenario, disbandment, it feels like their departure of SM is set.

    On the third, an acquaintance of the 3 members said, “settlement with SM has been tried multiple times. But their differences couldn’t be settled. The reason this went to court is because they couldn’t find a point to settle.” Thus, they concluded that more attempts for negotiations was useless.

    The acquaintance that the reporter met is someone who has watched over DBSK very closely. He has experienced all ups and downs since debut until now. According to him, DBSK advocated for only one thing. They wanted conditions of the contract to be eased. However, it has gotten to a point where the conversations between the two parties have gone nowhere.

    He stated, “they asked for the contract term and earnings distribution to be revised because everyone could tell it was irrational. They attempted to negotiate until the end but they felt that SM was avoiding them. Therefore, things got emotional for both parties and the 3 members are even more angry with SM’s response.”

    #“The truth about the 3 things that SM distorted.”

    After the initial reports about this incident, SM sent documents on the 1st and the 3rd. On the first, they reported that this problem was due to the makeup company investment and they will work it out. After the contract conditions were reported, they responded that members were paid 11 billion Won and were given foreign cars as presents.

    In response to this, he stated, “the nature of this instance is the unfair contract, not the make up company. However, SM has not mentioned the contract conditions and have continued to use make up company issues to play with the media.”

    Additionally, he discussed about the 11 billion Won. He said, “let’s say SM is right and that they were paid 11 billion won for the 6 years of work. This is the pre-tax profit. After taxes were paid, and this amount is divided by 6 years, and 5 members, this is less than 200 million won per member. For the first half of this year, the profits from album sales in Japan is 2.5 billion Yen (33 billion won). However, DBSK doesn’t even receive 200 million won per year.”

    The total number of albums released in and outside of Korea is 48. Out of these, including singles and full albums, 1.96 million copies were sold in Korea. In Japan for 4 full albums and 27 singles, 8 of those sold over 100,000 copies, and one sold over 250,000 copies. Including south-east Asia, at least 4 million albums were sold.

    He also criticized abnormal methods of calculating methods. According to him, “SM requested money for back dancers and food. Basically, almost all of the expenses were paid for by DBSK.” He added, “besides this, SM created a local subsidiary and divided the earnings of DBSK into pieces. For example, SM Japan and Avex divided earnings, and this was also divided with Korean SM. With complex divisions, the money for the members were reduced.

    Also, he stated that the foreign cars were given to them under the company’s name. “They received cars from SM after an award ceremony. However, the cars were registered in SM’s name and is not owned by DBSK.”

    #“The three members are as tired as they can get.”

    According to this acquaintance, the three members of DBSK are tired of SM’s play with the press. They have no intention to solve this with mere words, and are extremely upset that SM is exaggerating only one side of the story, distorting the truth. He said, “they expected SM to twist words with the press but didn’t realize it would be to this extent. If SM continues this method, I think it would be nearly impossible to work together with SM again. I suspect that they will part with SM and try to find a different solution to settle this.

    Their departure from SM does not bean the disbandment of DBSK. He asserts that there is no problems in relationships between all the members. They are still like family and agree that in any situations, they must work together. He said, “Truthfully, all five had the same intentions. But in the process of negotiations, there was differences between the members. That is why only 3 members decided to fight with their company. They all agree that the contract conditions are irrational, it is just that their way of handling it is different.”

    #“DBSK will continue even after departure with SM”

    Micky YooChun, Xiah Junsu, Youngwoong Jaejoong’s will is stronger than ever. The acquittance reported that, “the 3 members are showing stronger wills than before debut. The three members are determined to stick together no matter what hardships come their way.”

    They are also determined to get back together as 5 members under the name DBSK. He revealed, “even if the 3 members leave SM through lawsuit, this only means departure from SM. This does NOT mean the disbandment of DBSK. It may be after the 2 remaining members leave, or if they perform from 2 different companies; the 5 want to continue with DBSK.”

    Well then, if 3 members leave SM, would they still be able to use the name ‘DBSK.’ Upon researching in the Industrial Property Office, the group name ‘DBSK’ is not registered. SM registered for DBSK trademark in 2004 but was denied. In other words, SM does NOT have the right to the name ‘DBSK.’

    According to a ‘Mansung’ Patent Law Firm Office, the patent attorney Hwang Sung Pil said, “Dong Bang means East and one cannot assert exclusive right to use it. Most likely, this was probably the reason why the application was denied 2004. SM cannot assert any trademark rights to the name. If the 5 members are together even away from SM, they will have no problems using the name.”

    More than anything, DBSK feels extremely sorry to their fans. This is why they want to go through with performances that were already scheduled. The acquaintance reported, “if they lose the lawsuit, they may have to pay an extreme amount of money for penalty. More than that, they are going through hard times thinking that they will have to be away from their fans while the lawsuit is in process.”

    Article Credits: Song Eun Ju, Na Ji Yeon @ Sports Seoul [here]
    Translation Credits: j.adore @
    shared by: sharingyoochun@wordpress

    //Comment: Many people speculate that this "insider" is actually Junsu's father. Unconfirmed if this is the case as whoever it was wished to remain anonymous.

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