Thursday, December 24, 2009

[TRANS] 091222 Other SM Artistes, Standing Up Against SM Entertainment, Do not make additional threads about the case after this

Note: A Chinese news source reported that aside from Hankyung, five other Super Junior members filed a lawsuit against SM Entertainment. We'll wait for coverage by the Korean media or let's wait for an update from SJ-World, the international fanbase for Super Junior (:
Do not make rumours, nor bash anyone in this thread. Thank you!


This centers around Super Junior's Hankyung, but there are some points in this issue that may raise the eyebrows of Cassiopeia, Bigeast, and all international fans. We were hesitant at first to post this up on O! because there is no need to add to the anxiety that everyone's feeling these past few months, but this might be relevant in the coming days or weeks.
We advise all TVXQ fans to remain level-headed, and refrain from bashing anyone ^^; Our friends from ELF need our support right now.

Last 21st of December, Hankyung of Super Junior filed for the termination of his exclusive contract with SM Entertainment. The reasons that were given was because his contract period was too long (13 years) and there were a lot of unfair clauses in it. Sounds familiar?

[TRANS] 09122 SM Entertainment Response Regarding the Lawsuit

According to the Chinese media, SM Entertainment officially responded to the lawsuit which Hankyung (the only Chinese member of the 13-members group, Super Junior) had filed against SM, for the termination of his exclusive contract.

SM announced to Star News on 6:30pm, December 21, saying that "We would like to hold consultations with Hankyung, for the sake of Super Junior, too.” This is the first time that SM officially responded to the clause, after it was opened to the public.

Hankyung had filed the lawsuit against SM for the termination of his exclusive contract to the Seoul Central District Court. This news is received as Hankyung not willing to accept the exclusive contract any further.

Source: Star News + Chosun Online
Translation: smiley @
Credits: { One World. One Red Ocean. One TVXQ! }

Phone Interview with Hankyung's Lawyer, Kim Jinwook
Super Junior's Chinese Member Hankyung has filed a litigation at the Seoul District Court on the 21st at 1pm about the effect of his exclusive contract.

Reporters are currently on a phone interview with Hankyung's (who is in China) lawyer, Kim Jinwook. Lawyer Kim said, indeed he has filed a litigation about terminating the contract with SM, but to whether Hankyung will continue Super Junior's activities, it has been undecided.

[*] -It has been heard 2 types of litigation were filed today.
"It is confirmed that 2 litigations have been filed against the exclusive contract to not be valid and to terminate the contract. Simply put, the former says to terminate the exclusive contract and the latter is saying that until the exclusive contract is terminated, and until legal effect of the termination has taken place, (he) will be able to act in accordance of temporary activities at (his) own will."

[*]-When did Hankyung prepare for this litigation?
"This is hard to answer. When the statement is released, it will be answered."

[*]-The main point of this litigation is similar to Dong Bang Shin Ki 3 member's exclusive contract?
"Majority speaking, it is almost similar. Hankyung's contract is valid for 13 years, there are indeed many unfair clauses, so (he) decided to file the litigation."

[*]-Has he been contacting the 3 members of DBSK?
"I am not very sure. Hankyung will state his own stand as soon as possible."

[*]-Has the first date of the trial been decided?
"At the moment, not yet. The full situation has been sorted out properly. DBSK's sequestration contract has been terminated, and the process of applying it to finishing the statement, takes about 2 months. Hankyung does not want to spend such a long time. DBSK's situation has mediation in between, and has undergone trial a few times, so the time spent has been pretty long, we hope that Hankyung's litigation will be solved as soon as possible."

[*]-Did Hankyung think of continuing activities as part of Super Junior or will he leave the group?"
"That I am not too sure. As for Super Junior's activities, up till now, there has been no decision made."

[*]-It has been heard that (he) plans to have solo activities in China?
"I have not heard of that."

Translation: ゞilσvεjr⌒★ @

May take out with full credits, but don't add in your own.

Hankyung, "No rest in 2 years... From gastritis to kidney illness."
Hankyung, Super Junior's only Chinese member in the 13 member group, has filed a lawsuit against the effects of his exclusive contract with the defendant SM Entertainment because of their unfair activity scheduling which has caused him gastritis and kidney illness.

Through Hankyung's legal representative, the lawsuit to terminate his exclusive contract was filed on the 21st with the Seoul District Court.

According to the litigation, Hankyung has not even been given a single rest day per week after debut. It has been said, "Because of the recent continuous overseas activities etc, it has almost been 2 years since he last rested, he has been rushing schedules (all this while)." "Due to contract obligations and heavy penalties, even during bad health, he was not to skip any scheduled activities."

Hankyung's side emphasized, "Because of these kind of health problems, (he) has continuously put forward requests to rest, but has always been rejected." They added, "Except for when they started their perfomances in 2006, at other times, he had to stay in Korea." "Through their manager, Hankyung requested from SM for leave to return to China to rest but he was rejected every single time."

Hankyung's side added, Hankyung's exclusive contract terms ▶SM was definitely in a more superior position signing on unfair terms in the contract ▶The contract would span 13 years (starting from the release of their first album) ▶Incorporated excessive damages and in terms of the contract, if he voided it, he would be blocked (from other activities) ▶Allocation of rights and obligations in the contract were significantly off-balanced ▶SM had the right to request Hankyung to be in any activity ▶Profit-splitting rights and provisions were also off-balance, hence the intiation of the lawsuit against SM to terminate his exclusive contract.

On the other hand, after Hankyung intiated litigation, SM stated their stand that "for the sake of Super Junior and Hankyung, they are in talks to resolve the problem".

Translation: ゞilσvεjr⌒★ @

May take out with full credits, but don't add in your own


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