The following is phone interview with legal representation of the three members of TVXQ, Im Sang-hyuk from SEJONG law firm:
- What is the core of conflict?
“The irrational exclusive contract. If we review the contract standard from Fair Trade Comission (FTC), the longest duration of a contract is not to exceed 7 years. Of course, if the singer themselves who choose to develop the contract, it might be an exception, but some of given terms in TVXQ’s FTC case, the proposed standards are so unfair in many ways. It is the best way to realize these points quickly than later”
- 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.
source:
trans: sharingyoochun@wordpress
credit: DBSKnights
Saturday, August 1, 2009
[NEWS] 090801 Phone Interview with TVXQ’s Legal Representative
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