This is an important article to all fans.  Yes, there are multiple articles put together and they're LONG, cause the issue is SERIOUS.  Please take the time to read all of this...let's pray for our boys and keep supporting them no matter what!

One of Asia’s biggest group Dong Bang Shin Ki, has 3 of its members in a possible lawsuit against their own company SM Entertainment.

Dong Bang Shin Ki members Xiah JunSu, Micky YooChun and Hero JaeJoong had gone to Seoul Central District Court to hand in an application for provisional disposition to terminate all effects of their exclusive belonging rights contract with SM on 31st July.

It has been known that their reasons for doing so is that the contract with SM Entertainment has many irrelevant conditions attached. It is also known that the content to the contract the 3 members cannot agree to includes having them belonging exclusively to SM Entertainment for 13 years and also unhappiness over profit allocation.

The lawyer responsible for this case said, “We are currently preparing for a lawsuit against SM for this contract. (About the reasons to why) We cannot reveal the details now.”

There has also been saying that the 3 members have differing views to SM on their upcoming ‘Dong Bang Shin Ki cosmetic enterprise expansion’.

Currently out of the 3 members, JunSu is already doing a cosmetic business with his parents. It is said that there were plans for the company to operate a cosmetic business, with sheep placenta as the main ingredient, using the group’s name as the brand name in Seoul GangNam and GyeongGiDo IlSan. It is said that there were also plans for the business to be launched in China bringing in hundreds millions KRW in profit.

But it has been said that the 2 sides are having some differing views and also complications arose through their discussion on how the product and brand will go.

Follow up #1

What will happen to the 3 members’ activities scheduled for Dong Bang Shin Ki? There is the upcoming SMTown Live 09 on 16th August. It seems that the members may not be appearing for the concert with their lawsuit with the company.

Especially with all the rumours lately about ‘disbanding of Dong Bang Shin Ki’. To add on, one of the 3 members’ parents have also established their won entertainment company in China.

Fans are also very taken back by this incident. Many have voiced their disbeliefs on various discussion forums.

Follow Up #2:

One of the Korean new media has known through phone call from SM and SM said, “We are aware that some of the (DBSK) members have some disagreements with the company, but we do not know that they have sparked a lawsuit wth the company. The director board of the company is currently having an urgent meeting in an undisclosed place in Seoul to discuss about their countermeasures.”

They also added, “We will have our official stand asap”.

source: kbites
=================================================
TVXQ vs SM Entertainment. TVXQ is really breaking up?

Remember last month about the "supposed false rumor" that TVXQ / DBSK / Tohoshinki was breaking up? Well, it seems that information may have actually been true. According to this source, it states that on July 31st 3 TVXQ Members, specifically Micky Yoochun, Jaejoong, and Xiah Junsu filed an injunction against SM Entertainment in the Seoul Central District Court to remove the "non exclusivity clause" in their contract. Yunho and Changmin have decided not to file an injunction. Basically the three of them supposedly had meetings with a Chinese cosmetic company and launched a new cosmetic line called CreBeau. They invested some of their own money and also in turn received a some gifts from the Chinese company as incentive package for signing up and investing. Some of the rumored gifts includes Micky's Audi R8 and the townhouse for Xiah's parents.

SM Entertainment supposedly got wind of this news and because SM Entertainment has the "exclusivity clause" in their contract, SM Entertainment tried to prevent this from happening. Unhappy with this, and already unhappy that they feel they're being underpaid profit-wise from album sales, you can understand why they're trying to terminate the "exclusivity clause" in their contracts. There's also rumors that if a favorable agreement isn't met, the three will be leaving the group for good. SM Entertainment via phone to one of the Korean news media outlets stated that they are aware of the situation, the board of directors is having an emergency meeting and are discussing what to do. They'll have an official statement soon.

credits: allkpop

=======================================================

from allkpop.com

TVXQ United Against SM?

There are now new UNOFFICIAL updates floating around in Korea as millions of Cassopeias are going sleepless and searching for more information about their beloved group. Apparently, Yoochun and Junsu have been going around together looking for law firms during their vacation so this was certainly not something that happened overnight.

While all seems calm for now, following the official statement from SM Entertainment, many are awaiting with anxiety with regards to what else will happen in the morning. Many are wondering if SM Entertainment are just papering over the cracks. As of now, all TVXQ notices and schedules on the SM Entertainment homepage have been deleted, including the SM Town Concert schedule.

Perhaps not strange to many but odd considering that they are SM Entertainment's #1 group now, TVXQ has had a 13 year "slave contract" with SM Entertainment. TVXQ members have only received a 0.5% increase in salary over the past 5 years despite their amazing success and huge fanbase. All 5 members are actually preparing to sue SM Entertainment because of this, not just Junsu, Yoochun, and Jaejoong.

Junsu's dad had been the representative of the 5 members and was at the head of the preparations to sue SM Entertainment. But SM entertainment found out about the pending lawsuit and proceeded to "bully around" Junsu. Yunho and Changmin aren't sueing SM at the moment, but neither are they resigning with SM at the end of their contract. Contrary to rumors, there has been no conflict within TVXQ members, and the whole issue is been between the members and SM Entertainment.

SM has been taking from 70%-90% of the profits that TVXQ makes, leaving only 10%-30% for the members themselves. Most people think that Jaejoong, Yoochun, and Junsu will win their case because it is against Korean law to make "slave contracts." And slave contracts they are, receiving less than half is a stretch, but 10%?!?!

Ever since Jaejoong, Yoochun, and Junsu started the cosmetics endorsements, SM Entertainment began to try and put down their efforts, wondering why the members were trying to go into business without first consulting with them. Junsu was being pushed around by a lot of upper officials in SM Entertainment because of his dad's involvement and his private endorsements.

Yunho and Changmin aren't betraying TVXQ for not being involved in the law suit. They all have wanted to leave SM Entertainment, but couldn't because of their contracts. Even if they had wanted to leave, the amount of money fighting lawsuits would be enormous. All 5 members are standing together against SM. It is very distinct that this is not a TVXQ vs. TVXQ fight, but rather a TVXQ against SM fight.

It should be noted that Jaejoong, Yoochun, and Junsu do not want to completely terminate their contract, but they do want major revisions to be done to their contract so that the corrupted control that SM Entertainment has over them can be dissolved.
from allkpop.com

[asianfanatics.net]

===============================================

I started tearing up when I read ALL of those articles...:'(  This is a time where all of us, DBSK/TVXQ, fans need to pray...pray that they won't break up!!!  It would really break my heart if they disband.  But I can't really help them out right now, except pray and think positive thoughts!  Hopefully things will be cleared up soon...:/

Edited by feilunhai, 2 year(s) ago

OKAY. I found an article that might stop the skipping heart beats...or tears...

"TVXQ absolutely must continue actitivies."

No need to worry girls, things are starting to look much brighter! Earlier reports were looking bad in terms of the relationship between TVXQ and SM Entertainment, SM Entertainment has however released an official statement about the current issue.

SM Entertainment stated, "TVXQ is a band that represents Asia, they must absolutely continue actitivies. The cosmetics company issue, will be resolved."
[allkpop.com]
~~~~~~~~~~~~~
I think we all want to hear from DBSK ourselves though. Hopefully they'll speak up too. But I'm still uneasy....:/

Edited by feilunhai, 2 year(s) ago

It is like Shinhwa all over again. I'd hate to see DBSK breaking up but I know Junsu wouldn't do this without a good reason so I'll support him nonetheless. I must say all those years they spent together must have meant something!

Yes, it would be the end of the world if they were to break up....they can't break up until I meet them!!
It seems like SM has some serious issues. :/

I always know that SM has been abusing DBSK in some way but I never imagine that it was THAT bad. But if they have to, I won't mind Junsu leavng the company, he's too good or them and I'm sure the others won't have problem following him.

With worries about Dong Bang Shin Ki disbandment, Chinese fans join in the fan panic

It seems that the Chinese fans have also joined in the fan panic with the news of danger that Dong Bang Shin Ki will disband.

On Chinese Sina.com and other media, there were reports about Dong Bang Shin Ki members Xiah JunSu, Micky YooChun and Hero JaeJoong has went up to Seoul Central District Court to apply for provisional retractile of their exclusive rights effect from their contract with SM Entertainment.

The reports also went, “With this news of a lawsuit by the Dong Bang Shin Ki members, many of Dong Bang Shin Ki’s fans have been taken aback, especially for their official fanclub Cassiopeia, they are in a panic state.”

With these reports, Chinese fans said, “If this is the route they choose, we will support them”, “But still this is the company that groomed them to be top stars, isn’t that a little too much?” with various responses.

Meanwhile, it has been known that members UKnow YunHo and Max ChangMin has decided not to join the rest of the members in this pending lawsuit.

With these news, there have much speculations that the chance of the group disbanding is high since it has been more than 5 years since they debuted in 2005.

But with that, SM Entertainment released official statements:

* They said on 1st August morning, “It is true that Xiah, Hero and Micky made the application for provisional disposition to terminate the exclusive rights effects from their contract on 31st July at the district court. With that the company is very taken back by the action, we are trying to get confirm all the truth from them currently. “
* They continued, “But as a representative group to the country and to Asia, our stand is that activities for Dong Bang Shin Ki have to continue even with this disposition application. And about the problems arising from the discussion to do a cosmetic entreprise, we plan to talk over them and sort out the problems as soon as possible.”
* SM Entertainment’s representative added about rumours to the band’s disbandment, “On SM’s side, we still have much love for Dong Bang Shin Ki. We do not want them to disband. Let’s resolve this peacefully seeing the long time we have worked together since their debut till now.”

Read the full followup Korean news report here: [Updated] Dong Bang Shin Ki Xiah, Micky and Hero for a lawsuit against SM? Worries for group disband

I want to take this chance to also clarify, whatever that is reported on KBites about this case are only from Korean news sites. I don’t care what other sites or forums post, I’m going to stick with just the Korean news article on this case.

source: kbites
~~~~~~~~~~~~~~~~~~~~~~~~
I couldn't keep it in! >_< I cried!!! :'(

Edited by feilunhai, 2 year(s) ago

TT.TT You're making me more depressed.

Phone Interview with Dong Bang Shin Ki’s Legal Representative

“Looking at Dong Bang Shin Ki’s situation now, we see that there will be no change to their Japanese activities”

Dong Bang Shin Ki’s Japanese company AVEX Entertainment talked about their stand after news of the group’s 3 member went to apply for retractile fo their exclusive rights effects from their contract with SM.

They posted an official statement on their official website on 1st August, saying “We are confirming the details of the Dong Bang Shin Ki’s problems with SM which arose yesterday. But we have not grasped fully the situation.”

“We apologise to fans for all the confusion and worry. Even though we are sorry to everyone, we hope you would understand.”

Dong Bang Shin Ki participated in the summer song festival with AVEX singers on 1st August. There are also plans for them to perform on ‘A-Nation’ concert this month.

The phone interview with their lawyer

"- The core of the disagreement.

Unreasonable contract. In the Fair Trade Commission, the contract period should not be longer than 7 years. Of course, during the trainee period there are occassion that the singers choose to develop their contract but some of the terms given to Dong Bang Shin Ki, FTC have find it unfair in many ways.

- Also the cosmetics enterprise which three member and their parents running became known as one axis of the conflict.

“The cosmetics company could be one of the reasons for the discord but not what ultimately convinced the three members to go to court. We have examined the official statement from SM this morning and noticed that SM had painted the cosmetics company as the cause in a negative light on the surface of their statement. If they think that the additional business of the members is the legal case, then it’s a mistake.”

- There’s a conclusion appearing about the crisis that the activities of 3 members who file the lawsuit will be stopped?

(I cant understand this one in details, but basically he said that the members would continue if their disposition is approved, and he hoped it would be soon. The court’s desicion is now in the middle of the most important and difficult variables and he had goal to finish the case within 6 months.)

- The possibility of winning?

“To see it on the bright side… SM Entertainment has in the past been ordered by the Korea FTC several times to reform contracts for violating the standard contract limits. TVXQ are now appealing for the parts that are different from the FTC terms.

- Before taking the legal action, it’s said that the members did not try to make consultation with the agency before.

“We have tried to solve the problem through dialogue. Members had even met directly with the agency. While I was also trying to resolve the problem through multiple channels. However, the agency ignored members opinions, therefore a legal appeal finally made. The members are very sorry to the fans as well.

- What is the conflict regarding to cosmetic issue?

“Should an agency has a fight with artists who are having family’s personal investment? Other celebrities are common to have additional business. Moreover, the three members had already made consultation process with agency representative, Kim Young-Min before they started the cosmetic business, but we feel betrayed then as the company told another story later on.

- TVXQ has already taken the step, but eventually dismantled

“We have already tried many ways, but all the efforts finally bring us here. We’re not too hasty to be in this position. We create legal procedure first before we present every single new plan. The 5 people based their activities together in SM Entertainment, therefore it will not be easy to be in our situation now. “

- Is there a plan for press conference?

It’s necessary but as for now, we don’t have any plan yet. The members are really sorry now to the fans. Actually we want to proceed this case undisturbed.

In addition, according to him as well, from Star News that the members have never been informed with the accurate details of their income from the agency. Therefore in general, the members asked a claim to clean up the damage regarding this matter. As for now, the law firm can not confirm clearly the details of income submitted in the same application."

credit: onetvxq + kbites
================================
Fans Fight Back, "Disbandment Fears Are Just Rumors". They say, "All they are doing is fixing the unlawful clauses,"

They say, "All they are doing is fixing the unlawful clauses, they are not disbanding."
Is TVXQ Infinite Challenge? "TVXQ and their fans will be together forever."

Popular group TVXQ's members Micky Yoochun, YoungWoong Jaejoong, and Xiah Junsu filed a Exclusive Contract Validity Suspension and Provisional Disposition Request Form against their agency on the 31st.

Because of this, doubts of the group staying together after the trial were raised, but the fans, including fan club Cassiopeia, fought back and stated that these doubts were only "rumors with no credible sources."

The fans stated that, "Just because they filed this lawsuit, doesn't mean they are disbanding. And it was also wrong to state that the dispute with the company was because of conflicts between the members and the cosmetic company."

Also, they said, "They did not file this lawsuit because they wanted to disband, they filed it because they wanted to fix the unlawful clauses in their exclusive contract. The only reason they are capable of using such a strong method is because they are TVXQ."

The fans finished by stating that, different from HOT and SES, TVXQ would not disband easily.

SM Entertainment's Lee Soo Man returned to Korea from the States as soon as he heard of the 'TVXQ lawsuit' and it was found that TVXQ (U-Know Yunho, Choikang Changmin. YoungWoong Jaejoong, Micky Yoochun, Xiah Junsu) will follow their original schedule and partake in the the 'a-nation' performance on the 1st and the 'SM Town Live 09' on the 16th.

Source: [frontier news + DNBN]
Translation credits: jeeelim5@iscreamshinki.net
Shared by: iscreamshinki.net
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Lol, sorry about these depressing articlces. -_-" But the latest article ^^ should make you feel more relieved. Ahh, I'm going on a short vacation tomorrow, so I won't be able to keep everyone updated daily. It's going to drive me nuts during vacation..I would be wondering if the final word has been said or not...

I'm proud of them for taking actions and fighting for it... Also glad that they aren't DISbanding and all of those were just rumors.

Like what MARY said.. they must be doing it for a REASON.. hope everything can be SOLVE.

As long as they stick together I won't ask for more TT.TT

either way~~~ fan's wont let that happened nor the members would want to get separated.

DBSK fan will find a SOLUTION, if ever the situation get out of hands like that.. They might even START A CORP. on it's own and take DBSK~~ :D

dbsk has the biggest fanbase.. I wouldn't doubt that not to HAPPEN!

Edited by tahrehsi, 2 year(s) ago

I know right? Fanbase is the most important thing and they have a really stable and strong fanbase.

SM Ent. Assigns Lawyer to Deal with Dong Bang Shin Ki Dispute Case

SM has revealed that they have assigned their own lawyer to deal with the case of 3 Dong Bang Shin Ki members’ lawsuit against them.

SM Entertainment’s group Dong Bang Shin Ki’s 3 member Hero JaeJoong, Xiah JunSu and Micky YooChun has went down to Seoul’s Central District Court on 31st July to apply for retractile of the exclusive belonging rights effects from their contract with SM Entertainment.

SM Entertainment said, “About this case, we have assigned our own lawyer to deal with it.”

Also, the 3 members have came out earlier today to reveal their stand on the case, “The reason of our discord with the company is the unjust contract conditions. We do not want disband.”

Meanwhile, a representative of one idol group said, “I’ve seen 1~2 of such cases of crises in idol groups. I hope that Dong Bang Shin Ki and the company will settle this dispute wisely and peacefully.” But another music industry expert said, “It is hard to narrow down the difference in views of the 2 sides in this case.”

Fans are hoping that good outcomes will result from this. Dong Bang Shin Ki fans are violently protesting to their disband.

Note: sookyeong didn't state where she got the article from, but I know that she's credible. She translates from news sites.

Source: sookyeong @ Wordpress K Bites
Shared by: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }

=================================
SM Entertainment’s Refutation, “They made 11b KRW after debut.”

SM Entertainment, with which Dong Bang Shin Ki member Hero JaeJoong, Micky YooChun and Xiah JunSu has have a dispute with, came out to reveal their official stand.

SM Entertainment said on 3rd August, “Dong Bang Shin Ki has earn 11billion KRW from after their debut till 2009 July (dividend payout 9.2 billion KRW + beforehand provision 1.77 billion KRW). Also they also received many high-end foreign products in the process even though SM Entertainment was suffering from a business deficit in the 4 years after the group’s debut. And even though there is a distributive ratio, they would have raised it with proftis from their endorsement in CFs, doing events and also photoshoots.”

And about how the 3 members have said that they were given unjust treatment, SM Entertainment said, “About their health and schedule, we have discussed them before they were put through it.”

And about the cosmetic enterprise, SM said, “Looking at this case, this holds substantial reasons to it. It is evident since there is only 3 members involved in this case. They wanted to reduce the loss of image and harm to them as soon as possible with this plan as they will be used for the enterprise in terms of having their images used as part of marketing and also to participate in events for the enterprise.”

Also, “According to the Fair Trade commission, there is no provision saying that singers cannot be signed for beyond a period of 7 years, and there is no exceptional provision limiting the contract of singers promoting overseas. We did amendments to the exclusive rights clause for 5 times after the contract was contracted, 2 times were to address the compensation of loss, and after checking and confirmation by the Fair Trade Commission. The rest of the 3 times were to address the profits distribution ratio and for renewal – in 2004 January, then in 2007 February and 2009 February.”

SM “We will solve this case with the 3 members regarding the application for retractile in the contract and the lawsuit confrontation as soon as possible.”

Source: sookyeong @ Wordpress [K Bites]
Shared by: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
====================================
Korea Hot Stocks – S.M. Entertainment tumble

**S.M. ENTERTAINMENT SLIDES ON NEWS OF LEGAL FEUD**

Shares in S.M. Entertainment Co fell after several media reported on Saturday that members of Tong Bang Shin Gi (TVXQ), a South Korean boy band, filed an injunction in a Seoul court to terminate their contract with the talent agency.

‘For investors, it’s reasonable to worry over the news, since Tong Bang Shin Gi is one of the major sources of revenue for SM Entertainment,’ said Kim Chang-kwon, an analyst at Daewoo Securities.

S.M. Entertainment could not be reached for a comment.

S.M. Entertainment shares fell 10.06 percent to 3,755 won as of 0141 GMT, while the junior Kosdaq rose 0.82 percent.

source
credit: ces@soompi
shared by: sharingyoochun@wordpress
===============================
^^Those are all the articles posted today. I'm not going to get the ones from yesterday..-_-" There's so many....:/ And there's not much progress going on. But there was an article yesterday that said the three members suing will personally tell what what's going on. I haven't seen anything on it yet....

They spelled the "Dong" Bang Shin Ki wrongly. Anyway, I'm just going to watch and see how far this go.

Me too, but I have the STRONG feeling.. they're going to DROP it in the long run and settle it out in anyway POSSIBLE.

"The DBSK Situation, the Truth and Distortion." (an insider report)

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, a 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 mean 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."

korean source
Article Credits: Song Eun Ju, Na Ji Yeon @ Sports Seoul
Translation Credits: j.adore @ soompi.com

======================
DBSK is so sweet for thinking of their fans.
There were several articles out today...but this was the only interesting one..rofl. The others one were on SM.

DBSK Dispute, causing stir in music industry, "Not Someone Else's Business"

As DBSK dispute continues downhill, the music industry has begun supervising their own. The possibility of a 2nd or 3rd DBSK dispute is causing a crisis in the music industry.
Seeing the members they once created and nurtured to be top Asian singers, now fighting with their company is a bitter sight to see for the middle management executives. However, as Xiah Junsu and other members have revealed the unjust contract conditions, some are saying that this is the time to self-exam and improve. How is the contract conditions for groups other than DBSK.

Super Junior, Girl's Generation, longest contract is 13 years

Other idol groups in SM entertainment is being targeted first. It was reported that for Super Junior, Girl's Generation, and Shinee, contracts are different for each members but the contract periods are anywhere from 5 years to 13 years.

Because some members of Super Junior and Girl's Generation have different debut years, their contract is individual.
Before Kangin became a member of Super Junior, he was a VJ for a entertainment news program. Before the release of Girl's generation album in 2007, member Sooyoung made debut in a duo 'Route Oh" in 2002 under SM Japan so she signed a contract before the other members. Because the contracts are individual, earning distributions and schedule conditions are different for each member.

One Super Junior member spoke with IS on the phone stating, "even if I want to move to another company, the remaining terms of the contract and penalty for breaching the contract is far beyond than people imagine. Because we have a lot of members in our team, we have to divide our earnings into 1/13, so we do not make much money. Up until recently, SM tried to make it our responsibility to pay for our stylist but a senior member took courage and corrected it. There are feelings in the company that if you do something that the company doesn't like, it is only your loss so even if we have complaints, we can't express it well."

It was reported that they had a meeting with each other after the DBSK dispute became a controversy.

Music producers state "they don't even know the situations"

Another artist under SM Entertainment stated with affliction, "DBSK sunbae's dispute is bitter to watch because it seems it our future is being shown. Trurthfully, there are too many things on my mind that I can't concentrate when I'm performing on stage or doing other broadcasting schedules."

For one group of singers under an entertainment company, although earning distributions are clear and there is strong confidence between the company, they signed a contract period for almost 10 years and are anxious that this might spark something in their way.

Jang Yoon jung and Park Hyun Bin also signed 10 year contract with their company and although Jewelry members have different contracts, members have been working under the same company for over 8 years. They stated that the problem is mutual distrust, not the contract period.

As the long period contracts are arising as a problem, music industry producers respond that they don't even know what the situation is like. They stated that as singers debut younger and younger, it is becoming normal to start training elementary school kids and if companies continued to meet the demands of its artists, the company would not be able to survive.

One entertainment company president stated, "I am paying attention to how the provisional disposition will be ruled. I feel like singers do not consider the company's perspective and are only considering these situations once they have become famous. I hope this will be an opportunity to eliminate troubles between singers and companies."

Original article can be found Here
Article Credit: Kim Sung Eui @ joongang
Translation Credit: j.adore @ soompi
====================
Yunho And Changmin In SM case, The Absence

The fact that U-Know Yunho and Choikang Changmin do not follow their 3 members to apply injunction application against SM Entertainment to suspend the exclusive contract effect has been drawing a lot of attention.

This is concerning the fact that usual popular group has term of record sale gain distribution averagely 4~5% per member which means if there’s an disadvantageous policy in the contract, that will affect relatively the entire group.

Results confirm that the two members did not participate in court because they have different perspective look of the distributing profits issue with remaining three members.

In addition, the parent of these two also seem to be 100% satisfied with SM terms and conditions since after Choikang Changmin and Yunho debuted in a very young age, they already earned nearly 1.5 billion revenue over five years and that’s more than enough.

When the 3 members Junsu, Jaejoong, and Yoochun went to the agency for the first time in last June, the parents of Changmin and Yunho were in agreement to coordinate for the legal disputes. However, at that moment the two members parents concerned that this case would led to the destroy of TVXQ image as “Asia Star”, therefore they stood aback.

Another reason being said about Yunho and Changmin to take different position is because they care more to their parents’ financial problems and a perspective that their future potential growth will be safer under SM.

“Changmin and Yunho become Asia top stars because SM recognized them out of many people at the first place and also SM efforts in developing them is one of the big factor, non arguably. They made their desicion considering long term activities as main priority.”

Meanwhile, the absence of Changmin and Yunho in the case has risen some radical criticism from some fans, "Changmin and Yunho are absent from the case, it’s like a betrayal to Junsu, Jaejoong, and Yoochun.”

Yet, until now, there’s no report that states Changmin and Yunho will likely follow the step of the rest three members.

The close associates of the two members said, “Their separated position is chosen by the members themselves, but it’s been misinterpretation that there’s fight among the members. Please try to understand more in Changmin and Yunho’s perspective.”

In addition, the silence act held by TVXQ’s agency in Japan, AVEX through this case also has been being questioned by many parties. Not only SM who refused to show the exact amount of TVXQ’s income, but the Japan agency seems to act the same. It’s noted that from all these times, TVXQ members have been working diligently to serve both parties without even knowing what kind of contract they are under.

source: SPN
summarized trans: sharingyoochun@wordpress
shared by:cass_diamond@cassph
===========================
Law suit is only a law suit. Five members continue to move together

Law suit is only a law suit. Five members continue to move together.

After participating in A-Nation on the 1st, it was revealed that the 5 members of DBSK remained at their house together during their stay in Korea. A staff of DBSK revealed on the 5th that the members stayed at their Chungdam Dong house together.

The three members who filed for a provisional disposition on their contract met with their lawyer and revealed their positions on the 3rd. In this situation, it may seem likely that their relationship with the two members may become unconformable but they remained at their house, showing the team's unity.

For a while, their previously scheduled events will remain the same. The DBSK members will take part in the '2009 Fireworks Festival' and left together to Japan on the 5th. The staff revealed, "as far as I know, the members left on the 5th on the first flight to Japan. They will also take part in 'SM Town live 09' as planned."

Meanwhile, the members who are filing for the lawsuit, Youngwoong Jaejoong and Micky Yoochun is planning to participate in M-Flo's album, as well as releasing a single, attracting attention of fans. According to DBSK's official Japan website, the two members will take part in M-Flo's album, celebrating their 10th anniversary, by singing "Been so long" on the album.

Also, the duet song 'Colors Melody and Harmony' which was performed last month on the 4th and the 5th for the Tokyo Dome performance, will be released as a single on September 30th. In addition, they are planning to perform a duet song at "Boy pop factory 09" on the 20th.

The opposition of DBSK disbandment is getting stronger. On July 31st, 'DBSK Disbandment Opposition' petition began on Daum Agora and have gotten 23066 signatures so far.

It is widely know that DBSK's official fan club Cassiopeia has over 800,000 members. These fans are considering plans to hold a candelight protest in front of SM in opposition to DBSK disbandment. In response to this, SM stated that there has not been any particular actions by the fans yet.

Original Article : here
Article Credits: Kim Sang Ho
Translation Credits: j.adore @ soompi
Shared by: DBSKnights
===========================
The League of Singers "DBSK Dispute is a structural problem

The Korean League of Singers revealed, on the 5th, that this instance showed structural problems with both SM Entertainment and DBSK members.
The secretary-general of the league went on air on radio program, "Open World Today, Lee Suk Woo" and stated that "if this situation is not solved properly, similar situations will happen repeatedly. Contract periods, earning divisions, and other unfair contract conditions must be corrected."

Lim Sang Hyun lawyer, the official lawyer for the 3 members, revealed that each member received 200,000,000 Won for their work. On the contrary, SM responded that they paid the members 11 billion won.

On this, secretary general Kim stated, "if SM did,in fact, pay 11 billion won to the members, it is still necessary to consider if it was a rational payment, if the distribution was right, and if it is an acceptable amount of payment compared to the profits made by the company. SM and DBSK is just one case; the current earning distribution structure makes it possible for the ratio of earnings to be 100 to 0 for the artist. (100 company: 0 artist). Whether it is setting minimum or maximum earning distributions, there needs to be a separate regulation for the future." The three members asserted that their contract with SM is 13 years but in reality, is a contract for life, but SM refuted that the contract complies with the recommendations for a standard contract, which was presented by the Fair Trade Commission in July.

Secretary General Kim added, "if contract periods exceed 10 years, this period is applicable to their entire musical career. In April, it was judged that the contract period can be a clause to void contract because it severely restricts an artist's moral influence as well as economic freedom. Secretary General Kim added that if a group as popular as DBSK are in such situations, the reality for nameless celebrities and trainees must be investigated. Further, he stated that this situation will have influence on mainstream music industry for the first half of the year and this opportunity should be used to examine the way the music industry functions.

In order to avoid relapse of the situation, he stated as a solution, "first of all, the ideal contract released by Fair Trade Commissions must be upheld by the music industry. The league of singers is considering plans which includes a center to aid for accusing companies for harm done or even developing a specific subordinate contract which will be attached to the official contract.

Original article : here
Article credits: Lee Eun Jung @ yeonhap news
Translation Credits: j.adore @ soompi
Shared by: DBSKnights
=========================
My head hurts. >_< Too many confusing articles.

I can't finish reading them all. All I've got to say is Junsu hwaiting! I'm biased so I'll only support him.

ROFL @ Mary-shii

Yup, I saw a lot of articles regarding them~~ I don't know which one to read and which one is actually legit. XD

Like mary said... DBSK aja aja Hwaiting :)

Edited by tahrehsi, 2 year(s) ago

Yep, most of the articles are about the same thing. -_- They just basically change the words to make new articles..lol. I have yet to see any articles on the press conference they supposedly had. I hope that some progress or new breaking news will be made soon..I'm dying of suspense!

Dong Bang Shin Ki 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 Ki showed 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: kbites
======================
Everyone can breathe now. ^_^

I was always breathing.. otherwise.. I would have been dead by now and Junsun would be crying ~~ LOL!

Hides before Mary-shi's attack me. :)

^ LOL aww, I wouldn't kill you Tracy. I wuve you~ *hidesknifebehind*

Ohhh you sneaky~~~

^^Cheating on Youngsaeng, eh??? ;)
Aha, wonder if Junsu likes violent girls..kekek..lol
=====================================
KARA's Nicole: "I don't want TVXQ to disband."

Sportsworld
thanks to mae@KARAholic
Translated by coffeebeanie@Karaholic

Nicole, member of group KARA, who are currently busy promoting their second full length album , expressed how she felt about the news regarding Dong Bang Shin Ki (TVXQ).

While in the waiting room for KBS 2's Music Bank where KARA had a special stage with Brown Eyed Girls, Nicole was asked by reporters about her thoughts on the on-going trouble in SM Entertainment regarding the case filed by the 3 members of TVXQ against the management.

Nicole expressed outright that she did not want the group to disband.

She says "I'm really sad about the rumors regarding the disbanding of TVXQ. As a fan that really likes TVXQ, I hope that this problem can be solved amicably. I don't think it will be the same if any one member quits the group. I think they shine the brightest when the 5 of them take the stage as a group, as TVXQ. I hope they don't disband and that they continue to be together just like how they are right now."

I'm not cheating~~ I'm just saying oppa would be sad.. if I die. :) But I guess Mary wants OPPA to be SAD~~~

Aww...I ♥ Nicole (KARA)~! Sorry to say I think he'd be like "Tracy who?" :D

Edited by Mary, 2 year(s) ago

Hahahaha~~ Mary-shi, you never fail to make me LAUGH.. when its about JUNSUN.

I heart you more than Junsun tho~~ <3

Mary-shii saranghe ( No Homo )

It's Junsu! =_="

TVXQ’s Homepage Flooded With Complaints From Fans

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 August 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]
Translations: jeeelim5@iscreamshinki
Posted by: minsarang@wordpress

Does it sound bias for me to say SM is using this excuse to put the blame on the three members of TVXQ? The concert generates money and I bet TVXQ is willing to participate, so why put on hold? It must be a scheme to throw off TVXQ group into a wormhole and make everyone hate on them.

Yeah, they need to be careful on how they word things...I feel bad for the fans that bought tickets. Those tickets sold out so quickly and now those fans lost them..:/ If the whole contract thing was in the way, they could've just excluded DBSK (I know it would upset a lot of fans though)..cause other bands were performing and some fans JUST wanted to see them.

It's a scheme I tell you, so that the industry will turn their back on TVXQ :/ Grrr~

I like calling him J-U-N-S-U-N :D

SM, “We give 40% of profits to Dong Bang Shin Ki”
SM Entertainment revealed recently, “We split profits with group Dong Bang Shin Ki at the ratio of 4:6.”

Revealed on MC programme “Current Affairs Magazine 2580′ aired on 9th August, Dong Bang Shin Ki has brought in a recorded 49.8 billion KRW. Of these, SM has invested 22.4 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 27.4 KRW, Dong Bang Shin Ki gets 11.0 KRW and SM gets 16.4KRW.”

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.”

Source: kbites