[News] JYJ′s Kim Junsu Talks About Appearing on Television

Kim Junsu made a short comment on the recent decision made by the Fair Trade Commission regarding JYJ′s future appearances on TV at his Xia 2nd Asia Tour Incredible in Seoul held on August 4.

He hinted after his encore performance that there was now a higher probability JYJ would be appearing on television, saying, "Now, there are no legal problems with our appearing on television. We will show how thankful we are toward you if we get to do so again."

On July 24, the Fair Trade Commission had ordered SM Entertainment and the Korea Pop Culture and Arts Industry Coalition to stop interfering with others′ activities.

SM said it had never done so, and showed it was willing to take legal measures against the decision.

In the meantime, Kim Junsu performed alone with 18,000 of his fans from August 3-4.

He will next perform in Busan from August 10-11 and in Australia on September 28.

Photo credit: C-JeS Entertainment

Reach reporter Choi Eunhwa on Twitter @silvercandy88!





Source: mwave
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[News] JYJ's Continued Battle With Broadcast Networks, When Will They Perform On A Music Show?

EVEN WITH THE FAIR TRADE COMMISSION'S SANCTIONS AGAINST SM ENTERTAINMENT AND THE KFPCAI, JYJ IS STILL UNABLE TO APPEAR ON NETWORK MUSIC SHOWS

 

Last month the Fair Trade Commission issued a sanction against SM Entertainment and the Korean Federation of Pop Culture and Art Industry (KFPCAI) for interfering with pop trio JYJ's promotional activities.

Since the three former members of TVXQ split from the label, they have had some difficulties promoting themselves freely in South Korea. Many suspected SM Entertainment was behind it all, applying pressure to the music distributers and broadcasters.

After looking into the matter for quite some time, the FTC ruled that both SM and the KFPCAI have been actively interfering with JYJ's activities and ordered them both to stop doing so immediately.

With the matter finally settled, it was assumed that the JYJ members would be free to make TV appearances and promote as normal on music shows and variety programs. However, there still appears to be something in their way.

Now it seems the major broadcast networks are the ones getting in the way of the group's progress, and they have offered very little explanation as to why.

In a report by OSEN, representatives from KBS, SBS, and MBC were asked why JYJ still has not been able to perform on their music shows.

Oddly enough, the network officials all requested to be anonymous when offering their vague responses.

According to KBS, it is not up to them, but rather JYJ has not shown an interest in appearing on their music program, Music Bank. "JYJ's reps have not contacted us yet about wanting to be on the show. We have nothing to tell you."

The rep further explained, "The influx of requests about their appearance on our music boards happens every time a new album is released.

An official from SBS chose to 'play dumb' and stated, "Are [JYJ] able to appear on public broadcast shows now? We'll look into the matter now."

Meanwhile, MBC merely has not 'gotten around to' the matter yet and also decided to pass blame off on the group's management.

"Our program will discuss the matter and bring JYJ on [Show! Music Core] if we feel that they are needed but there haven't been any discussions about it yet," said the anonymous source from the network.

"JYJ's reps have not let us know about wanting to be on the show. We will discuss the matter once they do so," he finished.

The matter has enraged may fans who hold that the music shows should be catering to the wishes of the viewers and not, as they seem to be doing, scheduling performers as a way to appease the major record companies.

The whole situation further reignites the ongoing debate about the fairness and relevance of the music programs in general.

With the same idols and agency represented week in and week out, many of the live music shows fail to represent the diversity in the Korean music industry.

For the time being, JYJ fans will just have to wait and see when the group will finally be able to make their long-overdue music program comeback stage.

Source: kpopstarz
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[News] Korea Fair Trade Commission To SM Entertainment: Stop Sabotaging JYJ's Career

The Korea Fair Trade Commission (FTC) ordered the record label SM Entertainment to stop impeding the career efforts of the K-pop trio JYJ on Wednesday.

The Korea Fair Trade Commission (FTC) ordered the record label SM Entertainment to stop impeding the career efforts of the K-pop trio JYJ on Wednesday

The Korea Fair Trade Commission (FTC) ordered the record label SM Entertainment to stop impeding the career efforts of the K-pop trio JYJ on Wednesday in an official agency sanction.

A representative from the FTC explained that the label, along with help from the Korean Federation of Pop Culture and Art Industry (KFPCAI), started a campaign against JYJ after the three bandmates left SM Entertainment boy band TVXQ in 2009, over a contract dispute.

"Despite JYJ's high album sales, their activities as a group were restricted in Korea, and they had to promote through areas where SM's influence was less [pervasive] like dramas, musicals, and advertisements," the FTC rep said.

In addition to blacklisting the group from television performances, SM Entertainment executives also asked Warner Music Korea to stop distributing the first JYJ album "The Beginning."

The KFPCAI assisted in urging Warner to drop the JYJ album and reportedly issued a formal request to three major broadcast stations, six music and cable stations, five online music sites and 11 album retailers to not sell or promote JYJ's album.

"SM, one of the Big Three [South Korean entertainment] agencies, and KFPCAI, which is composed of various organizations involved in the entertainment industry, applied incredible pressure on companies and as a result, JYJ experienced cancellations of music and variety programs, a change in music ranking, and cancellations of documentaries and theater screenings,"

The three members of JYJ, Kim Jae Joong, Park Yu Chun and Kim Jun Su issued a statement through their record label C-JeS on Wednesday, reacting to the news.

"We thank the FTC for their decision. We have been fighting arduously since 2009, and it felt like we were walking in a desert with no end in sight." the statement read.

"But we felt that things have been changing for the better, and we have gained a lot of strength from it. With this order from FTC, we hope that we can perform on fair stages and go about our activities in a better environment. We also hope that this helps to open the doors for our juniors."

According to the FTC official, this is a big day for South Korean artists.

"This is a case in which we prohibited large-scale agencies from using their influence to pressure businesses to interfere in the promotional activities of celebrities whom they are in a dispute with," the official said.





Source: kpopstarz
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[News] SM Entertainment impeded JYJ’s promo activities: Korea Fair Trade Commission

The Korea Fair Trade Commission on Wednesday found that Korean entertainment giant SM Entertainment had unfairly used its influence to impede the promotional activities of K-pop trio JYJ in 2010.

SEOUL: The Korea Fair Trade Commission (KFTC) on Wednesday found that Korean entertainment giant SM Entertainment had unfairly used its influence to pressure industry players into impeding the promotional activities of K-pop trio JYJ, with which it had a dispute with, when the group released an album in 2010, reported Korean media.

The KFTC confirmed that SM Entertainment was aided by the Korean Federation of Pop Culture and Art Industry (KFPCAI), which sent notices to a total of 26 organisations – including the three major television stations in Korea and a number of music retailers – requesting that they take action to restrict JYJ’s activities.

This left JYJ unable to make television appearances in Korea and forced them to hold most of their promotional activities overseas.

THE KFTC has asked the KFPCAI to take steps to remedy the situation, and inform the 26 organisations about the KFTC’s findings.

It also ordered SM Entertainment to stop interfering in JYJ’s activities.

However, this is likely a moot point as the entertainment giant had already agreed to do so in the 2012 agreement it signed with JYJ.

JYJ, which is made up Kim Jae Joong, Park Yu Chun and Kim Jun Su (all former members of SM Entertainment's boy band TVXQ), was previously embroiled in a massive contract dispute with SM Entertainment, until both parties signed an agreement to drop all lawsuits against one another late last year.

Under the agreement, JYJ also promised not to interfere in the activities of the two remaining TVXQ members Jung Yunho and Shim Changmin.

In return, SM Entertainment agreed not to interfere with JYJ’s future activities.

JYJ has since released a statement describing the KFTC’s actions as “a streak of light” at the end of a “dark tunnel”, which will hopefully make things better for later generations of K-pop artistes.

Source: Channel NewsAsia
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[News] Fair Trade Commission orders SM Entertainment to lift broadcast ban on JYJ

 On July 24 the Fair Trade Commission of South Korea (FTC) acknowledged that SM Entertainment and the Korean Federation of Pop Culture and Art Industry (KFPCAI) applied pressure to prevent JYJ from appearing on broadcast and abused their power to influence music distribution companies to restrict album circulation.

JYJ, composed of Kim Jaejoong, Park Yoochun and Kim Junsu, debuted under SM Entertainment in 2003 as part of male idol band Dong Bang Shin Ki (DBSK). In 2009 the trio filed a lawsuit against their agency disputing their long term contract. Court decisions favoured their case and repeatedly ruled against SM Entertainment.

Now the agency, jointly with KFPCAI,  was found to be putting pressure on 26 companies, including the nations largest broadcasters, KBS, SBS and MBC, as well as distributors, cable channels and online music portals, to restrict JYJ’s appearances. They also warned these companies that if they supported JYJ, the Korean Wave would suffer damages.

The FTC issued a correction order that both SM Entertainment and KFPCAI have to implement, namely, all 26 previously pressurized companies need to be informed of the FTC decision not to interfere with JYJ’s activities any further.

The FTC expressed hope that this order will serve as a warning against similar injustices in the future.

C-JeS Entertianment posted an official press release on their website, with a note from the singers stating that “[w]e are grateful for the decision by Fair Trade Commission. Since 2009, we have been in an uphill battle with seemingly no end in sight. Yet, the announcement made by FTC today gave us a great deal of comfort that things may finally improve bit by bit. We hope the corrective order will enable us to perform entertainment activities in a fair and equitable environment and so can young entertainers who will join the industry in the future.”

According to eDaily, the FTC received a petition signed by 180,000 fans from 118 countries demanding that the broadcast ban on the band be lifted.

In related news, JYJ member Kim Junsu (XIA)’s Incredible album recently topped the Tower Records Chart and the Oricon Weekly Chart of Japan without any promotion. Also, following the FTC announcement, MBC Music Core added the singer’s Incredible MV as a nominee for voting to be included on the chart.

Sources: Korea JoongAng Daily, eDaily, C-JeS Entertainment, FTC via Dedicatee, Oricon, MBC 
Photo Source: NII
Credit: hellokpop 
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[Official Update] Official Statement of C-JES Entertainment Regarding FTC’s Correction Order Against the Activities of SM

Entertainment and Korea Popular Cultural and Art Federation to hinder JYJ's activities as singer   C-JES Entertainment hereby announces its position with regard to the corrective order of Fair Trade Commission to ban SM Entertainment and Korea Popular Culture and Art Federation from obstructing JYJ’s performances as singer. (full statement of CEO Baek Chang-ju)   I would like to express appreciation to Fair Trade Commission which has conducted thorough investigations for more than three years in order to root out unfair practices by securing evidence to prove the organized, unilateral moves to keep JYJ from TV shows made by major entities in the cultural industry, such as SM Entertainment, Korea Popular Culture and Art Federation and Korea Entertainment Producers Association.   FTC’s investigations brought to light the fact that SM Entertainment abused its monopolistic and dominant position in the entertainment business, forcing disadvantages into those who do not follow its stance on a number of occasions, and thus violated the Fair Trade Act. The corrective order of Fair Trade Commission raised the alarm against the abusive practices by predominant players in the cultural industry, which go against the creative economy policy of the government.   In addition, the development of Korea’s entertainment industry represented by the “Korean Wave” will be sustained only if the creativity and diversity of all participants are respected and assured. It should no longer be allowed that only a few “powerful” entities wield predominant influence across the industry. In that sense, the Corrective Action Order Act which was announced today is sure to serve as the foundation on which the Korean Wave can take another leap forward into the world.   As a matter of fact, JYJ had to continue to fight unfair pressures even after its dispute with the former agency was brought to an agreement by court mediation in April. It is so obvious that JYJ still faces disadvantages, as seen in a recent, unilateral notice from the album distributor and JYJ rendered no opportunity to appear on terrestrial TV programs even after it released a new album. This is such a shameful reality of our society. However, I believe such policies and institutions as the Corrective Action Order Act will help put JYJ on a level playing field going forward.   JYJ’s opinions on the corrective order of FTC   “We are grateful for the decision by Fair Trade Commission. Since 2009, we have been in an uphill battle with seemingly no end in sight. Yet, the announcement made by FTC today gave us a great deal of comfort that things may finally improve bit by bit. We hope the corrective order will enable us to perform entertainment activities in a fair and equitable environment and so can young entertainers who will join the industry in the future.       The end of this pitch-dark tunnel may still be a long way off but we saw a gleam of light from afar today. We will keep walking towards the light and make the best effort in every moment so as to pay back with great performances.”   < Reference 1: JYJ’s litigation and a FTC announcement >   On July 31, 2009, the three members of JYJ applied for an injunction of Seoul Central District Court to suspend the validity of their exclusive contract with SM Entertainment. They insisted the unfair contract should be nullified on the ground that the contract period is so long (13 years) as to breach established social rules, profit-sharing structure is in excessive favor of the agency and they are deprived of freedom in performing activities during the contract period. On Oct. 29, 2009, Seoul Central District Court made a decision to accept their argument for the invalidity of the contract (Seoul Central District Court 2009 KA-HAP 2869). Since then, the Court has confirmed the nullity of this unilateral, forced contract on a number of legal battles till April this year.   In the meantime, in October 2012, Fair Trade Commission established and announced “standard rules for business transaction among entertainment management agency, entertainer(trainee) and production agency” in order to formulate a fair environment in the entertainment management industry. Since then, there has been improvement on the perception of participants in the entertainment business, including management agencies, thus setting the foundation that those who newly join the entertainment industry were assured the legal protection of their status and freedom in entertainment activities. In addition, FTC’s corrective order against unfair practices announced today reaffirmed the fact that the dispute between JYJ and its former management agency served as a decisive trigger to resolve unfair practices deeply-rooted in the entertainment industry and considerable improvements were made therefrom.       On July 31, 2009, the three members of JYJ applied for an injunction of Seoul Central District Court to suspend the validity of their exclusive contract with SM Entertainment. They insisted the unfair contract should be nullified on the ground that the contract period is so long (13 years) as to breach established social rules, profit-sharing structure is in excessive favor of the agency and they are deprived of freedom in performing activities during the contract period. On Oct. 29, 2009, Seoul Central District Court (judge: Park Byeong-dae) made a decision to accept their argument for the invalidity of the contract. (Seoul Central District Court 2009 KA-HAP 2869)     SM Entertainment filed an objection to the court injunction on April 12, 2010. Yet, the 50th Civil Suit Division of Seoul Central District Court (judge: Choi Sung-joon) dismissed its objection on Feb. 15, 2011, which decision confirmed once again that the exclusive contract between the three members of JYJ and SM Entertainment was unfair and void, and accordingly reaffirmed the original court injunction (Seoul Central District Court 2010 KA-HAP1245). On Feb. 21, 2011, the 51st Civil Suit Division of Seoul Central District Court (judge Kim Dae-woong) acknowledged the fact that SM Entertainment has obstructed the entertainment activities of the three JYJ members, including appearance on TV programs, and issued an indirect compulsion order (2010 TA-KI 4495) that SM Entertainment shall not hinder their activities and pay 20 million won each time it violates this court order.   As shown above, the court made a voluntary arbitration to terminate the exclusive contract as of July 31, 2009 and as a result JYJ was assured full freedom of activities and independence from SM Entertainment. With that, all legal disputes between the two parties came to an end.

Source: C-JeS.com
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[News] [KFTC Press Release] Imposing sanctions on Interference in JYJ’s Entertainment Activities

[KFTC Press Release]

Imposing sanctions on Interference in JYJ’s Entertainment Activities
- Fair Trade Commissions Korea Gives Correction Order against SM and KFPCAI’s interferences in JYJ

Original: KFTC’s official press release http://bit.ly/163wHzR

(1) Fair Trade Commissions Korea (Chairman: Dae Rae RHO) gives correction order to SM Entertainment (hereinafter referred as ‘SM’) and Korean Federation of Pop Culture and Art Industry (hereinafter referred as ‘KFPCAI’) that interfered in the idol group JYJ’s TV appearances and activities as a singer.

- In June 2009, a legal dispute [between JYJ and SM] occurred when the three members of TVXQ (SM artist) raised an objection against the unfairness of their exclusive contract.

- In October 2010 when JYJ tried to resume its activities as a singer with its first album, SM and KFPCAI disturbed the group’s entertainment activities by sending an official document asking restraints on JYJ’s TV casting and appearances to the persons related in the industry after they made agreement on this interference.

- SM and KFPAIC’s agreement to restrain JYJ’s TV casting, appearances, album distribution and other activities were advised 26 companies such as broadcasters, album distributors, MP3 distributors and others by the official document under the name of KFPCAI.

* JYJ: The group formed by the three members(Jaejoong KIM, Yuchun PARK and Junsu KIM) of the male-quintet idol group TVXQ (debuted on Jan 2004) after they left SM.

* SM: One of the top-3 entertainment management company in Korea. Sales 168.5 billion KRW / net profit 37.1 billion KRW in 2012 /Market share in album distribution: 30.3%(1^st), MP3: 4.3% (6^th) / managing artists – SNSD, Super Junior, SHINee, f(x), TVXQ and others.

 

* KFPCAI: Formed in July 2009. Aims to contribute improvement of Korean Pop culture and consisted of 12 related organisations such as KEPA (Korea Entertainment Producers Association) and CODATV (Corea Drama Production Association). SM is the organising body of KEPA.

1. JYJ applied for the injunction to invalidate the exclusive contract made with SM (31^st July, 2009).

- (27^th October, 2009) The court accepted the above injunction with its order that: 1) SM cannot make any contracts on behalf of JYJ 2) SM cannot raise objection or request cancelation against JYJ’s entertainment activities.

- (On 29^th October, 2009) After the above ruling of the court, SM hold a press conference and criticised JYJ by calling the dispute as ‘national fraud’.

2. SM(April 2010), JYJ (June 2010) filed the lawsuits against each other regarding validity/invalidity of the exclusive, but the disputes were finished on 28th November, 2012 by the both sides’ agreement under arbitration.

- During this period, SM sent an official document to Warner Music Korea, the distributor of JYJ’s first album, requesting Warner Music to stop JYJ’s album release on 2^nd October, 2010. It also applied for an injunction for prohibition of the album sales in October, 2012.

- After the above incident, JYJ applied for indirect order to the court against SM’s interference on 9^th December, 2010 and the court also accepted this on 29^th February, 2011.
(The court acknowledged that SM was ‘likely’ to violate its duty to not interfere in JYJ’s activities by considering the official document and press conference done by SM)

1. SM and KFPCAI agreed to disturb JYJ’s activities to maintain the industry’s order because the group raised a dispute against its management company.

 - (11^th October, 2010) KFPCAI sent the official document to 26 related companies in music/broadcasting industry, asking not to make JYJ’s TV appearance/cast, distribute JYJ’s albums and MP3s.
(26 related companies are – Warner Music Korea, 3 Major broadcasting companies, 6 Music/Entertainment Cable Broadcasting companies, 11 album whole/retail companies and 5 on-line music services companies)

- The official document contained SM’s unconfirmed unilateral insists that: ‘injunction was only for money’, ‘duel contract with other management’ and others.
* (On 7^th October, 2010) SM filed an injunction against JYJ, insisting JYJ made duel-contract with C-JeS Entertainment, but it was rejected by the court.

- Especially the document stated that JYJ’s appearances and album distribution would not only cause legal problems but also cause regression of pop culture and Korean Wave.

- Considering the fact that SM has certain influence as the one of the TOP-3 management and  KFPCAI is consisted of various associations of the industry, this document gave significant pressure to the companies interested.

2. After this, JYJ has had limited activities as a singer in Korea – not been able to appear on music/entertainment programmes.
(Considered Cases are – many cancellations of music/entertainment programmes’ cast/appearance, postponement of its songs on music charts, cancellation of film screening and many others)

- It is acknowledged that visual promotion via TV to the public is importance to JYJ as it is an idol group with dance music in general.

Album	SKK Scandal O.S.T	1st album (The Beginning)			2nd album (In Heaven)
		Full-track album	Limited Edition	Luxury Package	Full-track album	Special Edition
Date	10.9.16.	10.10.22.	10.11.22.	10.10.22.	11.9.27.	11.12.2.
Sales	76,951	99,903	98,311	92,649	220,442	62,790
Rank	13rd	8th	10th	11th	4th	18th

Main songs are: OST – ‘Found You’, 1^st album – ‘Ayyy Girl’, 2^nd album – ‘In Heaven’, ‘Get Out’

- JYJ’s activities have been focused on Dramas, Musicals, Commercials and overseas activities which SM has less influence.

: Correction Order (including notice of correction order) 

- KFTC prohibited SM and KFPCAI from improper action on JYJ

- KFTC ordered KFPCAI to advise the 26 companies which received its official document about the fact that it received correction order from KFTC.

*Article applied for the order:

1) SM – Monopoly Regulation and Fair Trade Act, Item 5 of Para. 1. Article 23 (Interference in business act)

2) KFPCAI – Monopoly Regulation and Fair Trade Act, Item 4 of Para. 1. Article 26 (Prohibited act of association)

* The court ordered indirect order which it can claim compensation for damages in case such interference occurs because it acknowledged SM would be ‘likely to’ interfere JYJ’s activities. However, KFTC decided that SM DIRECTLY involved in interference in JYJ’s activities as a singer therefore gave prohibition order.

This order has significant meaning as KFTC prohibited the big management company from disturbing the artist who is having disputes against it by abusing its influence with other business association.

There have been a lot of social issues raised regarding unfair contracts and practices in entertainment industry, however, many business actions are still being done by mainly management companies’ wills regardless of artists’ will or public demands.
(During the investigation period, KFTC received many petitions from fans and others demanding JYJ’s TV appearances.)

KFTC expects that this order would be served as a warning to similar case of unfair actions which could be occurred in entertainment industry.

Translated by: http://dedicatee.wordpress.com

*Note from translator*

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Source: http://dedicatee.wordpress.com
Translated by: http://dedicatee.wordpress.com
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