We all know about the things going around between DBSK and SM Entertainment. If not, you’re really slow.
The lawyer of the three boys that are suing SM: Jae Joong, Junsu, and YooChun, stated “Ever since the boys have been with SM Entertainment for five years, the company have done whatever they wanted with them, which, of course, made them tired. The members have a 13 year contract, which is too long. They don’t get what they ask for or what they deserve. The members didn’t bring the thought of disbanding, but feel that the contract is too much for them. What ever is going on right now is something different for the members, however, their relationship is stil strong and they still want to be a group as one.”
1. 5 years after their debut, the three members are physically and emotionally fatigued from the company’s one-sided orders.
Kim Junsu, Kim Jaejoong, and Park Yoochun debuted as DBSK members in 2004. Since then, they have followed SM’s orders to go from Korea, Japan, to China. With the exception of 1 week for year, they were only able to get 3-4 hours of sleep and had to go through schedules. During this period, the health of the three members deteriorated and they were mentally fatigued. However, SM pushed DBSK into foreign markets which resulted in excess performance plans. In result, the three members felt that they would not be able to achieve their dreams in SM and would be just tools for the company’s profit. They wished to participate in entertainment activities according to their individual visions.
2.In reality, 13 years of contract meant a contract for life.
According to the contract, the period of the contract was 13 years, but when including military service, would exceed over 15 years. This meant that there was still 10 years to go with the current contract and in reality, meant until retirement. In the instance that the contract would be breached, the penalty would be to pay 3 times the total investment, 2 times the lost earnings. Even in the case that the contract is canceled when agreed by both parties, the members were required to pay penalty. Therefore, due to the millions of wons required by the contract upon cancellation, contract cancellation was realistically impossible and the members had no choice but to remain in SM.
3. The members did not receive adequate treatment from SM for their efforts.
Despite all this, during the duration of their contract, they did not receive adequate treatment from SM. They did not receive any earnest money from the contract, and according to the initial contract for album profit allotment clause, only when an album sold 500,000 copies, could they get $10,000 per member for the next album, and when albums sold less than 500,000 copies, the members could not receive any earnings. This clause was revised in 2009, February 6th, but even after the revision, earnings that each member would receive for the album sales were 0.4%-1% depending on the album sales.
4. The members requested for corrections to the unreasonable contract, but SM did not listen to the member’s opinions.
In this situation, the three members pointed out the unreasonable parts in the contract and asked multiple times to be freed from the contract’s boundary and work according to their visions but in response to the current situation, SM discussed issues dealing with their investments in the makeup company, not responding to the true nature of the problem. Despite all this, the three members wanted to find a way to deal with the situation and requested for a conference where both parties could find a solution but SM did not respond. During this process, by the attitudes shown by SM, the three members realized that there was no point in hoping for a settlement and resorted to the court of justice to execute a solution for the problems.
5. The investment in makeup company does not have any relation to entertainment activities and does not have any relation to the applied provisional disposition. The nature of this incident is the contract.
SM stated that the disposition was submitted due to the investment but the members’ investments in the makeup company do not have anything to do with the provisional disposition. The makeup company SM discussed planned to export to China, and the three members invested as stockholders, having no relation with their entertainment activities. Just by common sense, it does not make sense that the members would give up all their efforts and results as DBSK in order to invest $100,000 to the company. The core of the problems presented by the members is contract injustice, and SM’s attempts to blur the true problems by bring up the investments must stop now.
6. The members do not want DBSK to break up and just hope to free themselves from contract restraints.
May fans are worried that the disposition would result in DBSK’s break up. However, this disposition was not intended for DBSK to end. Right now, due to differences in how the members wish to overcome problems, only 3 members have participated in the lawsuit. However, there is no problems within the members and they all have the same wishes to keep their promises with their fans to always remain as one. After this incident, if contract injustice is corrected and the members are given conditions to freely perform their music, they feel that everyone can be one and can stand in front of fans as one.
7. We will take this as an opportunity to mature.
The members realize how much DBSK fans must be surprised and be disappointed about this incident and are distressed and sorry. If the fans could think of this as a jump to bigger dreams and continue to cheer, the members promise to respond to the fans as better musicians.
Credits for trans: J. Adore
No one is shore if this fight is over, but cassies, and me are surely hoping it is. Even though I’m not a fan of DBSK, and the only songs I still listen to are Wrong Number and Mirotic, this group is awesome. Then again, I would be happier if their fan girls weren’t so crazy.