Tuesday, January 18, 2011

Why is this lawsuit taking so long?

As some of you are aware, there was another trial session today in Korea. It sounds like SM's witness could not make it to that trial for a reason, and SM-bashers are in full force condemning SM for delaying the trial process.

You know that Hankyung's lawsuit began later than CJS's, but his trial is already over, and some of you are probably wondering why CJS's lawsuit is taking so much longer, and this post will explain why.

After the Temporary Contract Injunction judgment was given on Oct 2009, CJS's lawyer had an interview stating that the main lawsuit will be filed within 2 weeks which they never did.

Let me first explain what an injunction is. The injunction is a court process that's used to get a quick judgment on a matter that's considered urgent. For example, if someone were publishing a book that contains some info damaging your reputation, it would be too late to go through the normal trial process because even if you win the lawsuit to stop the book, it would've already been published damaging your reputation. So you file an injunction to stop the book momentarily until the main lawsuit is over. Injunction is usually filed with the main lawsuit at the same time. CJS's lawyer just used it to get a judgment that allowed CJS's entertainment activities without SM. It was a pretty brilliant move at that time.

During the interview by CJS's lawyer, Lim Sang Hyuk, he said, "We got what we wanted from this injunction. We are allowed to do entertainment activities freely by stopping the effect of the contract." This tells that CJS didn't need to file the main lawsuit, so they didn't, and it shows that they didn't care about the result of the lawsuit at that time as long as they were freed from the contract.

Remember that after the injunction, CJS signed an exclusive contract with Avex, and worked actively in Japan including the Tokyo Dome Concert and many other activities. At that time, CJS fans didn't take any issue with delaying the actual lawsuit because their "idols" were doing fine.

Well, guess who filed the main lawsuit first? It was SM, not CJS.

SM was trying to get the 3 members to come back to continue activities as TVXQ according to the court testimonies (will be covered in the future), but the 3 didn't want to go back, so it was SM who finally filed their own lawsuit to validate the contract on April 2010. SM also filed an objection to the injunction at the same time. Only then, two months after the SM's lawsuit, 8 months after the injunction judgment was given, and almost 11 months after filing the injunction, CJS finally filed the lawsuit to void the exclusive contract on June 2010.

CJS delayed the main lawsuit for 11 months, but now they seem desperate to get a judgment from the lawsuit along with JYJ fans, so what changed? Avex, that's what. Avex suspended CJS's activities in Japan on September 2010, so CJS couldn't work in Japan any more.

Without Japanese market, they suddenly found the need to work in Korea, but because they're still technically under SM, and there's suspicion in the entertainment industry that they signed a "dual" contract with C-Jes (I'll go over that issue too) therefore blocking their Korean activities, they are desperate to get a judgment. CJS's lawyers were asking the judge to make an immediate judgment on the validity of the contract during every court sessions for that reason.

So please SM bashers, if you're going to complain about delaying this lawsuit, you should talk to CJS and their lawyers. SM's witness will testify in March. This is going to be a lengthy court process.

This would've been already over if CJS camp filed the lawsuit and the injunction at the same time like they were supposed to do. 


  1. Today my twitter is full of hatred toward SME. How SME delayed the lawsuit & blocked CJS album release activities. And one girl try to make it straight but in fact get bashed since they think she spread the rumors.... =.=;;;

    Geezz... there's no freedom to speak ur mind in tht community unless u ll get bash more. You see... sometimes u can't do anything for them...

    And today I found this article via twitter...

    http: //thejyjfiles.wordpress.com/2011/01/19/trans-three-questions-regarding-sm’s-position/

    I'm literally speechless, since they mentioned: “However, Dong Bang Shin Ki was unable to receive royalties, copyright, concert or appearance proceeds but received instead the bare minimum from the above arrangement”

    Okay... back to the topic.

    Without Japanese market, they suddenly found the need to work in Korea, but because they're still technically under SM, and there's suspicion in the entertainment industry that they signed a "dual" contract with C-Jes therefore blocking their Korean activities

    So this actually the reason why CJS have hardship to start activities in Korea ? Because ppl in entertainment industry suspicious of 'their dual contract' ?
    I dont fully buy the rumor where SME has control in blocking other artist, well probably they have co-op w/ other companies, but like u and someone mentioned it before that SME is middle rank company... i dont believe they can control large broadcasting company under...

    Also... actually wht happen if one person/company hire ppl who has dual contract suspicion ?

    Once again thanks for the update. :)
    I really look forward abt the C-Jes. JYJ fans said C-Jes is hired by JYJ for handling their management in Korea.

  2. ah... thank for clarify the reason behind it. I think I need to make time-line with ALL of the lawsuits (and maybe activities) relate to this case (including the cosmetic cases)... or else I'm going crazy with it... @.@

  3. Thank you for your another excellent research! I never noticed that JCS filled their lawsuit much later than their injunction.

    I just posted this writing on Soompi, with full credit. I want other neutral fans like me to know the truth (Ok, I'm not really neutral, I'm a little Yunho biased)

    However, I'm very sorry that maybe because of my post, some extreme JCS fans may follow here and give you nasty comments... Please dont be discouraged by them, you are doing a great job and brings justice to Homin (and SM :P)

  4. though I wonder why Avex dropped JYJ so suddenly, there are multiple versions reason why, so I don't know which to believe (and those article out SME in negative light).

    Some say SME boycott their artists from Avex (that is why Girl generation did sign contract with them but the rest is with Avex after they dropped JYJ). Other said something about trying to keep TVXQ name when they return or something which I don't remember much but it something relate to TVXQ name (LOLS too many "something" in one sentence?).

    Sorry if I confuse you or make you work harder then you should TT~TT ... I'll be waiting for your next update.

  5. @kawaiinu

    Don't worry you not the only one, though I'm Changmin biased :P, but I'll open to all opinions from all three sides (HoMin, CJS, and SME).

    I guess you could said that I'm looking for whoever side have more solid evident with solid argument and not based on assumption. That is why I like this blog because the evident, argument, and the detail is awesome and very solid and I believe it. I'll admitted that I was one of those people dislike SME (except I don't bashes, I just keep it to myself tehe) and this blog really open my eyes in this complex drama. That is why I <3 <3 <3 Precious for his/her hard and excellent work.

  6. @ ayeopan

    Suspected dual contract was the reason KFPCAI quoted for sending out the letter. There are evidences too. I'm getting to it. :)

    @ kawaiinu

    No worries. I started the blog to share with others, so more it's spread, the better.

    @ Hotaru
    We'll never know the real reason why JYJ was suspended by Avex, but only speculate. I may write a post about it, but it will be totally my opinion backed by circumstantial evidences. I don't think SME boycotted Avex, rather it was Avex cutting ties with SME to sign CJS, so SME had no choice but to find another company to sign SNSD. I'll get to that also, and yes you are making me work hard LOLOL.

  7. Thanks for all the hard work Precious, we appreciate it!

  8. precious!

    frankly,i read many articles,news about this lawsuit since beginning but this's the first time i figure out what's "injunction" and "main lawsuit" clearly! thank you! (i guess i need to send you TONs of ginseng!!!)
    Though i don't agree with CJS side since beginning and look into provided infos in your blog hmmm ... I still hardly accept the reason behind TVXQ break-up! Truth is HURT!

    @kawiinu thanks for posting in Soompi.there are lots of biased fans all over.I gave up visiting some thread coz fell totally Sick with some comments!

  9. Thank you again Precious. Your clarification made a lot of sense. Now I finally understand what is injunction and main lawsuit. Those people kept bashing on SM are totally blind and it made me very mad. I hope they can open up their eyes are read some of the fact.

    I was really surprised it was SM filed the main lawsuit and CJS delayed. It really make sense that JYJ start active in Korea after being dropped in Japan. But why do they release English album first? I don't know why now they releasing korean album near the same time as Homin's new album, I mean what's their intention? I really hate CJS.

  10. @ sinful09

    I have no clue why they made an English album. Maybe they seriously tried to break into US market, I don't know. I think you know what CJS's intention is. I guess they're doing what they need to do. :)
    I wouldn't get too upset about it. It is what it is. TVXQ is doing great, and that's what really matters.

    @ adrenalinss

    Now you guys know what the injunction is. :)
    I didn't know about it either until I started learning about TVXQ. LOL

  11. @precious

    From the timeline of all the lawsuits, we can raise so many questions.

    On the other hand, if you look at timeline of Crebeau/SM defamation lawsuit:

    31July2009 - CJS filed temporary contract injunction lawsuit
    4Aug2009 - Crebeau filed Defamation lawsuit agains SM CEO

    It surprised me of how fast Crebeau filed the defamation lawsuit against SM (within a week from temp injunction lawsuit). Nobody suspicious of how can Crebeau be so efficient, as if they knew what SM is going to tell the public.

    2Nov2009 - 3 months after Crebeau sued SM for defamation; SM, Homin and Homin's parent gave their statement regarding their stance.

    I know you have translated Homin's statement, and going to translate their parent letter too. Despite knowing SM CEO being sued for defamation by Crebeau, all parties still mentioned the root cause of this ordeal is the cosmetic business in their statement.

    June2010 -Crebeau lost the lawsuit to SM.
    You have mentioned, the lawsuit was dropped due to the DA found that CJS and family own 62.5% of share in Crebeau and the DA support the idea of CJS lawsuit against SM is related to the cosmetic business.
    Can I say SM's statement about CJS and the cosmetic business stay true?
    May I suggest you also translate SM's statement on Nov 2009.

  12. wait. So CJS didn't want to come back when they were very active and popular in Japan but in their recent interviews they're okay with a reconciliation with SM? LOL.

    BTW, thank you for your hardwork! My friends and I totally appreciate your blog since all other people are so JYJ bias. Even some Cassies I know here in my country are bashing Homin. So once again, thank you for your hardwork. :)

  13. I've been following this case closely as it's related to my interest in K-pop entertainment issues. And then I got to know this blog from 'Ho-min side'.

    After reading many posts from your blog as well as considering all information I've got from both (or three?) sides, I find your posts are indeed lack-luster in terms of K-pop business's core troubles / issues in general and TVXQ-related lawsuit in particular. For example: you explained about injunction and main lawsuit, but you ignored the fact that similar lawsuits (with similar nature) in K-entertainment history (like U-kiss group, an actor under SME before which such a pity that I don't recall exact name at the moment, etc) were not won by agencies - instead by other, the fact that you didn't consider to believe CJS's side by defaults (how they expressed they wanted to fix contract for better terms before SME slandered them badly in public), the fact that you ignored basic legal rights stated by Korean lawyers themselves who are completely not involved in this case, the fact that the court (yes, read court's order carefully please) and FTC did admit 'past contract' (I said 'past' because FTC said that all current contracts from SME (after many times they pressed SME to change and SME refused in the past before them actually admitting doing it finally) are considered 'fair' (even though personally after reading such contract format, I want to say: Korea, even you are considered as a developed country, your law / legal system is so screwed, considering how Korean labor laws are so not meet up with standard international labor law served as bare minimum platform).
    Those are just some examples to show faults in your logic - that is if you want neutral (and educated) people to this case to take you seriously.
    But I think I can understand your point of view from a typical K-pop fan. I said 'typical' because you obviously didn't appear to know that there's always this so-called loophole in legal terms in front of a court - because both CJS's and SME's lawyers were and ARE using that loophole to fight against each other since the very beginning of this lawsuit (which is obvious to me that CJS's lawyer won in the injunction case and now SME's lawyer won in lawsuit case by delaying it. Why I said that? Well, spend more time on how civil and criminal lawsuits are solved according to Korean law system please).

    All in all, I still thank you for your posts because at least I know how both (or in fact, at least 3) sides of TVXQ fandom rolls. Cheers.

  14. My typo: FTC did admit 'past contract' (I said 'past' because FTC said that all current contracts from SME (after many times they pressed SME to change and SME refused in the past before them actually admitting doing it finally) are considered NOT 'fair'

  15. @ jeffblurian

    I know about everything you listed in your comment. You are basically repeating what those sites fed you all this time.

    Past lawsuits? I know about them. 'Similar' case does not guarantee anything especially in a civil case because circumstances are different so I didn't need to post about them. I can debunk those too, but didn't feel the need.

    Korean lawyers? I know about their statements too. I bet you didn't know about the statement made by CJS's chief lawyer Lim Sang Hyuk in the past. He claimed there needs to be a system to protect entertainment company's investment and it was too easy for artists to break the contract. Interesting, isn't it? Now he's on the other side of the fence and defending CJS, which BTW I totally understand since it's his job.

    I also know about which lawyer's statement you read. I can write an article about him too, but I'm not going to waste my time with it.

    I agree that Koren legal/human rights system is not on par with their economic status, but that doesn't mean SM is in the wrong here.

    About FTC, read my post regarding them. Also, I have no idea when the court ruled the contract unfair. You probably read JYJ-biased websites interpretation of the injunction ruling. The court NEVER ruled the contract unfair, period.

    You claim you've been following this case closely, but you were just following it through JYJ biased information.

    I'm not done with my blog. More posts are coming.

  16. @ karenteh

    SM & Homin's side of claims were always consistent, and later proven to be true.

    I may or may not translate SM's statement. Considering how everyone hates SM, I don't know how many would read it, and translation takes long time. :)


    Well, things certainly have changed. :)

  17. @jeffblurian

    I used to form my opinion from those JYJ-biased sites (like u sound u did),until I myself found that they love to repeat bulshits, for example about SM's 'past failure', HOT and Shinwa.
    They always said as if JYJ suffered the same case with them. In case,it's entirely different.
    HOT finished their contract. It's just JTL don't want to continue it. There was no lawsuit.
    Shinwa also finished their contract,but in their case all of them don't want to continue it. The lawsuit is about the right to have Shinwa's name.
    None of those "JYJbiased sites fave examples" mentioned about slave contract or wanted to void their contract in the middle.

    It's just one example of some biased sites blatant lie.

  18. @jeffblurian
    I'm sorry but I don't agree with what you said because you have been manipulated by jyj fansites and getting the wrong facts.

    That's true, now thinking about it, it really are not the same case.

    Thank you, you are so knowledgeable!

  19. Hi Precious,

    Sorry to bother you but I wanted to ask a quick question. You stated above that JYJ was ok w/ not getting a judgement back 11 months ago since they had activities in Japan and the injunction was adequate enough for their purpose (to be free to do what they want w/ out SM interference). I wondered 1) how an injunction can be filed without a lawsuit. (speaking as a lay person w/out any knowledge of the law) I thought an injunction can only be filed for a quick (temp?) judgement (as in the book example) WHILE the lawsuit goes through its natural (long) process. why would Korean court system pass a judgement on the injunction when a lawsuit was not even filed? 2) I realized that Avex didn't suspend JYJ's Japan activities until mid Sept but JYJ had already filed a lawsuit in 6/25. Granted they still waited 2 months after SM filed their lawsuit but if the injunction was serving their purpose and their Japan activities were still going strong late June, I'm wondering why they filed the lawsuit to invalidate their contract with SM. In my mind, I thought it was because they couldn't do their Japan activities but I now realized the news of their Japan suspension didn't come out until mid Sept. Sorry, just confused and can't seem to formulate an answer myself.

    Thanks always.

  20. @ catherine

    1) Injunction is a separate process, and you don't have to file a main suit at the same time. Injunction is for urgent matters, so it actually makes sense to process that first.

    2) I don't know the reason for sure, but since SM already filed their own lawsuit, it wouldn't have mattered any way. There was a hearing for the objection to the injunction filed by SM, and the lawsuit was mentioned by the judge, so maybe CJS was pressure to file it (SM already file theirs), but that's just my guess.

  21. Ok. Thanks. And, if I didn't say this already, I really appreciate all your work. I can't imagine how much work all this is.

  22. "CJS's chief lawyer Lim Sang Hyuk in the past. He claimed there needs to be a system to protect entertainment company's investment and it was too easy for artists to break the contract."

    I'm really interested about this statement, i remember reading somewhere about a lawyer talk about this matter but i didn't know it was him. Interesting

  23. @ kendalove

    Yup. Here's the article. I may translate it, but you can try the google translator.


    You really need to take most lawyer's statements with a grain of salt especially if they're involved in politics (not saying Lim is, but many others are)

  24. Thank you so much for the translations. I really need to read more about this case instead of just the random news bits.

    It's really hard to decide how to feel. I'm Yunho-biased but I don't believe JCS to be gold-diggers. Still thinking.

  25. @ Averlyn

    I know how you feel. You don't have to force the decision. Stay neutral, read as much evidences out there, then the decision will naturally come to you, and you'll begin to see the truth. The truth is out there already. You just need to see it.

  26. Thank you so much for this, now i understand the reason why it was delayed

  27. why initially 5 of them wanted to file a lawsuit but then later on HoMin withdrew?

  28. @ ryuue

    They didn't. Only 3 wanted to file the lawsuit and they did. HoMin never wanted to file a lawsuit according to their statements.

  29. @Precious

    I read it on allkpop - about a lawyer (i can't remember his name) said initially 5 of them went to him asking bout lawsuit...hehe

  30. @ ryuue

    That's one of the claim why HoMin's bashed for. I'll post where that rumor came from, and also show why it's not true.

  31. @ Precious : Sorry ! I may alittle out of topic here . But then, all this time both groups saying ( JYJ mainly ) always keep the faith is to deceive ppl like us who are keeping faith ? How about the AKTF tattoo thing that Jaejoon & Yoochun had on their left chest & the TVfXQ ? As much as I'm Yunho-biased, I equally love them all I swear! I really cannot take it as I'm reading all these as facts ='( It hurts me more than I expected. Can you please say that HOMIN also are at a little fault for the breakup to comfort me ? =( So, JYJ did really want to get back with HOMIN or not ? May I know who started to bring up the cosmetic issue to invest in ? The text message issue that JJ & Yunho is real or fake ? How about the relationship between JJ & Yunho ? I thought their r/s is better than anyone else but why JJ decided to take side of CJS ? Sorry Precious ! I'm too long-winded :( But if possible, i want to know every bit of it .
    I really appreciated your effort and thanks so much . Imma be checking out your posts regularly :) Hope you can bear with my inquisitiveness and curiosity =D

  32. @ Bambi Mk

    I don't know what to tell you.

    I think you already know the answers to all of your questions, but just want me to confirm them. HoMin released only 1 official statement each, and did not say anything until their comeback. I hope you can figure out the rest. I don't know if you read all of my posts, but if you haven't, you'll be able to figure out most of your questions after reading everything.

    HoMin's fault is not joining the shady business and filing a lawsuit against the company that was instrumental in creating TVXQ.

    Just take your time and think about everything that happened so far. You don't have to find all the answers right away. The best way is for you to digest the info slowly and finally realize what has been going on on your own, then you will be able to see everything.

    Did I just sound like a shrink? :)

  33. @ Bambi Mk
    Anyway, more questions will be answered in the future.

  34. erk... how its CJS who want delayed the lawsuit?? they sure want it to ended fast cos only that they can do promotion w/out barrier,lol.. dont get it..

  35. @ JaEsHe
    You're only thinking about the current situation. Back then, CJS were doing activities in Japan, and didn't need Korean promotion or activities, so they didn't need the lawsuit to end. It's pretty clear if you think about it. When they were working in Japan, they didn't have a single complaints about working in Korea.

  36. The fact that they delayed the law suit was really bad. I mean if they really just cared about the law suit after being banned from JP then it means they didn't even care about Yunho and Changmin's destiny in the industry at all! The 2 had suspended all their music activities for more than 1 year just to see if all 5 can get back together. I'm glad now HoMin are coming back cause they can't wait and we can't wait any longer

  37. Precious, are you a lawyer?? Cause you totally sound like one! hahaha and I'm impressed how critical your thinking could be, so that's why I tought you have "lawyer material" hahaha..

    Anyways..THANK YOU VERY VERY MUCH!! you don't know how much I appreciate people who make EVERYTHING that's on their hands to reveal the truth!

  38. @ Gabriela
    :) No I'm not a lawyer. I just know how to do research and read Korean. :)