• Featured: JYJ ‘The…’

    TVXQ members Hero JaeJoong, Micky YooChun and Xiah JunSu release new Japanese album 'The...', much to the delight of fans.

    Check out the song 'Itsu Datte Kimi Ni'.

  • Archives

    • 40,466,635 hits

  • Meta

Court rules partial provisional disposition of exclusive belonging terms for TVXQ’s contract with SM Ent

Posted on October 27, 2009 by sookyeong

dbsk_271009

The court has gave out the final ruling on the lawsuit between the 3 members of Dong Bang Shin Ki and SM Entertainment.

Seoul Central Court revealed on 27th October a citation of their ruling for the lawsuit between the SM Entertainment and TVXQ Hero JaeJoong, Xiah JunSu and Micky YooChun.

It was revealed, “We see that part of the terms in their contract has much destroyed the good morals of the whole contract. SM Entertainment should not interfere with its singers’ independent unique activities and also contract to perform and other entertainment activities.”

Previously in July, the 3 members of Dong Bang Shin Ki has revealed their 13-year long contract under SM Entertainment, which meant that they will possibly be working under SM Entertainment for life, and has applied for the effect of provisional disposition of the terms in their contract. And the 2 parties have engaged in a lawsuit as SM Entertainment insist that the terms under their contract are reasonable.

The court also revealed, “Through the individual agreement, there is high possibility for group activities to continue, but for the provisional disposition of the existing activities and the profit allocation, it is invalid and difficult. We will have to dismiss the application for the full provisional disposition of the effects of the exclusive belonging terms in the contract.”

Updates: The 3 members have announced that they will agree to the court rulings on this lawsuit

—

The court ruled partial disposition of the exclusive contract terms – to dispose of the SM Ent’s interference to the members’ independent unique activities and also contract to perform and other entertainment activities

But the part about profit allocation will still have to stay

Addition from 121:

this the news that I read in soompi the courts in favor of the boys, and they stated that the boys should be able to be more independent (meaning they can reject schedules that SM proposes and can do their own businesses without interference) but not move companies (meaning all the boys will be under SM!) However! This is not a final decision, and the exact, absolute one will come out in the near future. I hope u are no longer confused

Filed under: Kpop news | Tagged: , , , |

« »

49 Responses

  1. SM Ent files for appeal against provisional decision on DBSK trio’s case - Asian Entertainment News - spcnet.tv, on April 13, 2010 at 5:00 pm said:

    […] Meanwhile, a long trial had gone on after the trio filed for a lawsuit against their own agency last July 31st regarding the exclusivity clause in their contract with the company. And on 27th October, the court rules provisional disposition of the exclusive belonging terms for the trio in their contr… […]

  2. SM Ent files for appeal against provisional decision on DBSK trio’s case « K Bites, on April 13, 2010 at 2:17 pm said:

    […] Meanwhile, a long trial had gone on after the trio filed for a lawsuit against their own agency last July 31st regarding the exclusivity clause in their contract with the company. And on 27th October, the court rules provisional disposition of the exclusive belonging terms for the trio in their contr… […]

  4. Dolorous Haze - Blog Archive » Court Makes Ruling On DBSK Case, on October 29, 2009 at 10:04 am said:

    […] Court rules partial provisional disposition of exclusive belonging terms for TVXQ’s contract with …. […]

  5. :), on October 28, 2009 at 7:54 am said:

    OMG 13 year contract????!!!!!!
    It’s not final yet, but i’m hoping it will end soon
    so we can see dbsk perform again! it’s been pretty sad without them at dream concert and etc…

  6. naninoona, on October 28, 2009 at 7:47 am said:

    this is what i understand abt it. basically it’s saying that the duration of their contract is still 13 yrs, the profits from DBSK’s activities are still in the hands of SM and they cannot move companies during the 13 yrs of their contract.

    BUT. on the good side, any future activities SM has, must go through approval of DBSK themselves, before it can be held. meaning, DBSK has the right to decline any activities if they feel so. and also, DBSK has the freedom to start their own businesses without needing any permission from SM and that SM cannot interfere.

    which is, now that i think abt it, pretty good enough. since in case they ever decline whatever activities SM planned for them, they would still have backup financial support from their own business which SM cannot leech from. ever. cuz the law says so. it’s all good then. i mean, what more could they wanna ask for? no wonder they’re not objecting. they probably have loads of businesses planned in their heads, now that the court says SM can’t touch that money.

    a sweet deal if i say so myself. but i’m probably getting ahead of myself here. it’s not the final ruling yet, right?

  7. Clippings: Renagades JaeChunSu Attain Partial Victory? « Lynaeina The Lime, on October 28, 2009 at 6:25 am said:

    […] Court rules partial provisional disposition of exclusive belonging terms for TVXQ’s contract with … […]

  9. franklin, on October 28, 2009 at 2:15 am said:

    okay, so it isn`t final YET. both sides will appeal to the court and there`ll be A LOT other things the court needs to sort out. well, this is just the beginning,,,

  10. yunholove, on October 28, 2009 at 12:06 am said:

    ermm… LATEsT UPDATE : the trio are sueing sm entertainment for compensation soo…i guess they will get back the money that they deserve????

  11. NyNy, on October 28, 2009 at 12:04 am said:

    So, what they have almost won this case or not? Can someone clarify for me?

    • pl8yg!rlz., on October 28, 2009 at 1:08 am said:

      they “won” according to the lawsuit but in reality SME is the winner.

      they’ll be no real change. =\

      • NyNy, on October 28, 2009 at 5:22 am said:

        So basically, they have only won because they can now decide on what they want to do yet they are still under SME? Doesn’t seem like much of a victory to them.

        I understand that they have become so dominating in the past 6 years and being called one of Asia’s top groups so they should get their fair share of profit really but it is a step from what they usually had before.

        So then, before artists under SM could not make a decision about certain things? If so, that’s pretty harsh.

  12. ...., on October 27, 2009 at 11:34 pm said:

    so………in other words. fail. big fail.

    • naninoona, on October 28, 2009 at 12:41 am said:

      and a big waste of time, too. also made cassies worry and stuff. tsk. tsk. still, i pity them. makes you wonder. did they really know what they were getting themselves into? i’d at least expect them to gain something from all this. but all they got was the freedom to decline their schedules? that right should’ve been in the contract by default. yeesh. SM you profanity inspiring human being.

  13. Kenley, on October 27, 2009 at 10:44 pm said:

    Hmmm. So the judgment is final? The boys are not gonna appeal anymore for the decision? or even SM? Well if they keep the profits and the boys well I guess it’s still a good thing for them, though the boys are now more independent.
    But how about Yunho and Changmin? What will happen to them?

  14. Qrizta, on October 27, 2009 at 10:25 pm said:

    YAY!!
    Hope everything turns out well.
    SM should reflect n learn how to keep its treasures. XD
    Employees are important for a company to succeed n DBSK can be considered as SM employees. ^^
    Hope this case will also help changing the whole situation in SM n its contract.

  15. anon, on October 27, 2009 at 9:24 pm said:

    eh? meaning the profit thingy still isnt in favour of dbsk right?
    i though that was the point of this lawsuit? lol

    • me, on October 27, 2009 at 9:50 pm said:

      ^
      it’s about the unfair 14 yr contract the members feel that it is too long…and also about the work. they want more freedom to choose where and what they want to do…
      and also sme went at them for starting their own businesses this year.

      • me, on October 27, 2009 at 9:51 pm said:

        Claim that they werent allowed to use their stage name to promote their produces if sme didnt get a share in it.

      • anon, on October 28, 2009 at 1:08 am said:

        so according to what im reading, contract stays. DBSK stays in SM with limited profit. just having a choice of saying no and allowed to do personal businesses.
        so they might as well open their own company or smthg. but then again, they need the money. and this only applies to them 3. so yunho and changmin are gna be slave workers?
        oh seriously, what a waste of time! i mean seriously!

  16. eve_29, on October 27, 2009 at 8:30 pm said:

    that was it? that hardly changes anything at all!

  18. sarah, on October 27, 2009 at 7:29 pm said:

    so…they will all remain under SM. i do hope SM dun treat the three guys badly coz of this…

  19. Anonymous, on October 27, 2009 at 7:22 pm said:

    ill just look in the bright side……my boys will not disband for sure!!!!!!

  20. . . ., on October 27, 2009 at 7:17 pm said:

    plus, how about the other two members ?

  21. . . ., on October 27, 2009 at 7:16 pm said:

    okay, is it just me or is this confusing as hell O_O
    and i won`t say i`m not HUGELY DISAPPOINTED.
    the ONLY good thing is now, they`re able to say NO.
    and it`s really good their personal matters won`t be so damn controlled by SM anymore (that`s IF SM won`t have any rules about this)
    most importantly though, what would happen if you still HAVE TO BE in the company you`re suing ? are they going to go on like nothing`s happened ? hope so…

    i was pretty glad when i thought they`re outta SM coz, seriously, SM is a shit hole =(

  22. Loco_Roco, on October 27, 2009 at 6:37 pm said:

    Wait…so they basically went through this for nothing? =/

  23. k0k0black, on October 27, 2009 at 6:12 pm said:

    uhhh.. i dotn think theirs much of a difference compared to when DBSK did teh lawsuit thingy and when they didnt…

  24. swtazngirl, on October 27, 2009 at 6:12 pm said:

    Since the court ruled that the existing contract will remain the same, it means that the SM Entertainment will continue gaining most of the profits from TVXQ activities until the 13-year contract ends. The court decided that it was too difficult to prove the injustice of TVXQ’s salaries. However, the members can concurrently open their own business and keep its profits without SM Entertainment’s permission.

  25. naninoona, on October 27, 2009 at 6:12 pm said:

    i don’t get why these boys would agree to this ruling. it’s basically against their favor. meaning SM more or less still won the whole lawsuit. i know this isn’t the final ruling but the picture is half painted already.

    i guess, maybe all they really wanted was a choice to say “NO” i mean, i never actually felt that this whole thing was abt the money or anything. i’d think these boys are better than that. maybe it’s more of a case of; “i need to be able to say no. if and when i feel exhausted and i need rest… i want to be able to say no” maybe i’m off here, but that’s how i feel. i think.

    but i’m speaking as an outsider who doesn’t even follow them or know them as close to how their fans are so please feel free to enlighten me.

  26. visualshock, on October 27, 2009 at 6:11 pm said:

    Hey, thanks for the info!

    I have posted this at another forum and have credited you, as many people from that forum have wanted translations to the court ruling’s articles. But there hasn’t been any translations yet. I hope that it’s okay. If not, just pop me a message and I’ll remove the post from the forum.

    Thanks once again!

  27. nickynisa, on October 27, 2009 at 6:06 pm said:

    i don’t understand the article @_@

  28. angsana, on October 27, 2009 at 6:05 pm said:

    “Through the individual agreement, there is high possibility for group activities to continue, but for the provisional disposition of the existing activities and the profit allocation, it is invalid and difficult. We will have to dismiss the application for the full provisional disposition of the effects of the exclusive belonging terms in the contract.”

    this part … so sad.

    it means that SM still rule over DBSK for exclusive contract and profit allocation. so the length of contract remain the same, profit allocation remain the same and penalties for leaving/breaking the contract remain the same.

    the good part is that any future activity must involve DBSK agreement. DBSK have the right to reject it. but rejection means lost of profit, lost of profit means even fewer money to distribute, well you can imagine the end of it …

  29. Anonymous, on October 27, 2009 at 5:54 pm said:

    ya sookyeong… please help to explain 😦

    this is confusing

    • 121, on October 27, 2009 at 6:02 pm said:

      this the news that I read in soompi the courts in favor of the boys, and they stated that the boys should be able to be more independent (meaning they can reject schedules that SM proposes and can do their own businesses without interference) but not move companies (meaning all the boys will be under SM!) However! This is not a final decision, and the exact, absolute one will come out in the near future. I hope u are no longer confused

  30. DUMBO, on October 27, 2009 at 5:49 pm said:

    so basically DBSK can say “no” to being overworked but since they will continue to be paid at servant wages, they’re going to have no choice but to say yes. I see you korean court being a p*ssy.

    • cylon, on October 27, 2009 at 5:53 pm said:

      Oh!! okay i understand 🙂 thank you sooo much for the explanation!
      but well..yes poor dbsk..because there’s not much different except they can reject the schedule.. -_-
      but i’m glad they will still in SM because i miss them with other family already :’)

  31. cylon, on October 27, 2009 at 5:47 pm said:

    so..what does it means..?what will happen to dbsk from now on?
    i’m sorry..i really don’t understand..@_@

  32. lauren, on October 27, 2009 at 5:43 pm said:

    It means they exclusivity of the contract is overruled…but SM still control all the profits right? Hmm it’s not really a win or a lose, but a compromise

  33. 121, on October 27, 2009 at 5:32 pm said:

    sookyeong if u dont mind can u explain to me b/c the article is kind of confusing did they lose the case ?

    • 121, on October 27, 2009 at 5:46 pm said:

      sookeyeong thnx for explaining so it means the courts in favor of the boys I also read that the boys can reject schedules that SM proposes and can do their own businesses without interference of sm but they cant move to another company untile the end of their contract Im happy its good news ^_^ thank good
      DBSK FIGHTING ALWAYS KEEP THE FAITH

  34. wicked, on October 27, 2009 at 5:25 pm said:

    They lost??

  35. crazygirl, on October 27, 2009 at 5:25 pm said:

    i don’t get the ruling..trust the court to word it as ambiguously as possible.. so they’re saying that the profit agreement is invalid but the decision’s not final? confused :X

  36. DongBangMicky, on October 27, 2009 at 5:20 pm said:

    what..? so what happened… i don’t get it ….

Comments are closed.