Hankyung, Super Junior’s only Chinese member in the 13 member group, has filed a lawsuit against the 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 performances 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 ▶rofit-splitting rights and provisions were also off-balance, hence the initiation of the lawsuit against SM to terminate his exclusive contract.
On the other hand, after Hankyung initiated litigation, SM stated their stand that “for the sake of Super Junior and Hankyung, they are in talks to resolve the problem”.
Edit: The reason why Hankyung brought in the lawsuit against SMThese are 6 unfair things from Hankyung’s exclusive contract with SM which are stated by Hankyung’s side (not sure from his lawyer or his representative) 1. The contract has many provisions which are in SM’s favor.
When the first contract was signed (January 2003) Hankyung was 18 then (underage) and being a Chinese person, he didn't know everything about Korean showbiz so SM had given him a contract with the content that SM suggested.
Not only that, but those side agreements with SM after then (on February 2007 and December 2007) also were only from SM (aka Hankyung didn't have chance to suggest the provisions which are in his favor) 2. The period of the exclusive contract is 13 years is too long.
The first contract was signed stated that it will be ended 10 years after Super Junior’s 1st album but it has been extended to 13 years on the 2nd modified time. Super Junior’s 1st album was released in December 2005 so the contract will be ended in December 2018 and Hankyung will be 35 then.
Moreover, if Hankyung gives up some activities because of his health or study, the contract’s period will be extended according to the situation so it might be 13 years on the paper but it could be longer in real life and this violated seriously to Hankyung’s civil right.
3. There is clause stated that Hankyung will have to pay SM a lot for breaking contract or creating damages toward the contract, thus this prevents Hankyung to cancel the contract or some agreements on the contract. If Hankyung wants to move to another company and continue his activities, he will have to pay SM threefold of the money that SM had invested to him and pay twofold for the loss of the remain time of his contract. 4. The amount between Hankyung’s rights and responsibilities that stated in the contract are not the same.
Hankyung has to follow and attend all the schedule that SM give him, has to do/follow all SM’s orders/intrusions unconditionally but he doesn't have right to request his contract to be revised. 5. SM has forced Hankyung to do some activities that against his will.
At the training time, if Hankyung was late or absent or didn't fulfill his duty he would be fined 10,000won for the 1st time, 20,000won for the 2nd time. After debut, if he was late or absent from his schedule, he would have to pay for all the damage, if he cut the contact with SM more than 1 day according to the situation SM can cancel his contract. And if he doesn't fulfill his duty, according to the situation he could be fined 5,000,000won.
According to the contract, Hankyung doesn't have any right to decide for his schedule, he has to follow SM’s words and only attend the events/performances that SM’s manager designed for him. Hankyung even had been forced to attend some activities because of SM’s order when he was ill. 6. The profit distribution and copyrights between SM and Hankyung.
During the contract period, all the copyright of albums and song will belong to SM. Although Hankyung wrote, composed, arranged the songs, they can be used by SM without his permission.
About the profit, the album has to be sold more than 50,000 pieces so that Hankyung can receive 2% the profit. The digital sales has to be equal with the net profit so Hankyung can get 10% and the oversea income has to be equal with the net profit too so Hankyung can get 60%.
About the oversea activities income, after SM deduct all the promotion activities expenses & fees, the remain money will be divided among the members.
br bace kt LJ td
mmg melampau la sm neh
smpi die mntk rest pn x kasi:@...2 thn tuh no proper rest:@
gile kontrak membunuh
lebih kurg mcm kes jaechunsu je nih
siannye hannie sampai kene kidney illness
rs2 nye member yg len pn same gak kn
this is what we called "SLAVE CONTRACT"... nampak diorg cam tak der mende je.. walhal dlm hati masing2 tak der saper yg tau... yg nih apply kat trainee SM.. tapi tak sumer ada contract yg sama...
1624#miss_mulan77
td aku baca kt soompi..yg SM nk nego...pasal...ni cuma mcm dh terlambat..sebab sume org dh tau....
lg satu...diaorg ckp SM setuju nk nego sebab ni main income utk SM..sebab market china besar....n HK ni main character....cuma cara x langsung good utk bdk2 suju yg sama contract gn HK....SM mcm dh risau gk...sebab income dr DBSk dh byk ilang psl kes mcm ni....so aku rasa bagus gk HK buat camni......sebab kalau xde HK..apa la makna SJ-M tu....
1624# miss_mulan77
td aku baca kt soompi..yg SM nk nego...pasal...ni cuma mcm dh terlambat..sebab sume org dh tau....
lg satu...diaorg ckp SM setuju nk nego sebab ni main income utk SM..sebab mar ...
hadiff05 Post at 23-12-2009 09:45
harap2 betul2 ler SM nih nak Nego... diorg bukan mintak naikkan income ke haper.. cuma dia nak mintak rest pun tak dpt... sakit plak tuh.. kalah buruh kasar diorg nih... penat badan len ler... nih penat badan.. mental... siap masuk2 spital lagi tuh.. still suh keje... hampeh tak hampeh ler... at least diorgkan ada sub group... mase SM dok concerntrate ngan sub group len tuh... dak2 yg tak der sub group tuh leh ler rehat bagi ler balik kg ke haper ker... nih tak pulun cam tak hingat dunia gak... yup HK tuh sah2 ler leader SJM.. kot ledo tak dok.. sapo plak nak kendalikan SJM nih... mau kena boikot ngan ELFs CHina.. abis SM terus...
satu nyer dak2 Suju len pun ada advantage gak biler hannie wat cam nih.. harap2 mende nih pun bagi kebaikkan kat dak2 SM yg len... not only suju jer
teruknyer kontrak tu..betul-betul slave contract
sian hankyung and the rest of suju
hidden_fear Post at 23-12-2009 10:44
same kes cam jaechunsu dbsk
[091223/Leeteuk] Leeteuk is chosen as main MC for "Oh!Brothers" and "Teuk academy" will perform at "2009 SBS Entertainmentaward"
SuperJunior's Leeteuk has been chosen as one of the main MCs for the new SBSshow "Oh! Brothers". The other MCs are Kim Kookjin, Nam Heeseok, YooSeyoon.
The first epsidoe will be aired at 6:30PM on December 25th.
******
<Strongheart>'s corner <Teukigayo>'s Leeteuk, Eunhyuk, Shindong willhave a special performance at "2009 SBS Entertainment award". Besides,on the ceremony, <Star junior show> Kim Gura's son Kim Donghyun,Jo Hyeryeon's son Kim Wooju, Oh Jeonghye's son Kim Younghyun willperform Super Junior's <Sorry sorry>.
The show will be aired live via SBS at 8:50PM on December 30th.
original article here, here
translated by [email protected] may take out with full credits and dont add in your own credits
Post Last Edit by airahthislove at 23-12-2009 15:55
Lee Ji Su thanks Super Junior’s Shindong for his encouragement during his tough debut
Lee Ji Su who famously sung korean drama << My Girl >>’s opening song went through a tough debut and even had to face his mum’s disapproval. Thus, he thanks Super Junior’s Shindong for giving him encouragement back then.
During the recent Sundown Festival Seoul’d Out 2009 concert press conference, Lee Ji Su talks about the challenges he faced during his debut.
He remembers that he debuted around the same period of time as Super Junior and they often bumped into each other at variety shows. Back then, he was feeling troubled over his current career path as an artiste and Super Junior’s Shindong had readily lent him a listening ear, giving him advice and encouragement.
In the short span of a few years, Super Junior has become famous all over Asia, and Lee Ji Su was asked if he felt envious over Shindong and Super Junior’s achievements. Lee Ji Su smiled and replied that he was not one bit envious, and instead felt happy for Super Junior’s high popularity.
CREDITS
Source: Channel News Asia
Translation: bulletproof @ sj-world.net
The press conference of the movie "Jumunjin" has been held on December 23rd's morning at Seoul Myeongdong Lotte cinema.
During the press conference, when was asked how did he feel of acting with the long hair, Kibum said "Because my hair is long so it cost me a lot in buying the shampoo","I didnt know girls suffer a lot like that when they have a long hair", "When I eat, sometimes there are hairs in my mouth so it's quite annoyed" and "Most of the scenes in the movie are my real long hair".
When was asked how does he feel about filming his first movie, Kibum said "I felt very nervous but also excited", "I had worked very hard because I want my work can be remembered forever. I feel very good to film my first movie"
He also said "I dont have so much lines in the movie. (And) Expressing your inner feeling without saying a word is not easy at all"
Director Ha Myeongjoong said "He's a very sensitive actor. He's an actor who has a much better ability than me", "During the filming time, those two didnt leave Jumujin. They had fasted in order to film the movie. They didnt eat during the filming time, just eat when it (the filming time) ended, they had lost 8~10kg".
The movie "Jumunjin" will be released on January 21st, 2010.
translated by [email protected]
thanks venus for the shout out
may take out with full credits and dont add in your own credits
tgk le ni..no wonder masa dbsk , yoona ,eteuk sume kena panggil gn ministry.....yg aku x puas ati sunny tu bkn niece soo man ke...siap free agent lg......hhuuhuhu
SM ENTERTAINMENT:
DBSK: 13 years
SUPER JUNIOR: 5-13 years
SHINEE 6-13 years
SNSD: 5-13 years
Yoona – 15 years.
Sooyoung – 5 years.
Yuri & Jessica – 9 years.
Taeyeon – 10 years.
Hyoyeon, Seohyun, Tiffany, Sunny – Free agent, contract expires at the group’s dissolution
tgk le ni..no wonder masa dbsk , yoona ,eteuk sume kena panggil gn ministry.....yg aku x puas ati sunny tu bkn niece soo man ke...siap free agent lg......hhuuhuhu
SM ENTERTAINMENT:
DBSK: 13 year ...
hadiff05 Post at 23-12-2009 16:44
eihh....bru tau contract budak snsd lain2...
bleh plak lain2?? gile sume contract 13 thun
tp mmg sm ssh la kalo hannie kuar..
dhla hannie ledo sjm..abes market china nnti
dhla market sane besa
Post time 23-12-2009 07:21 AM
rofit-splitting rights and provisions were also off-balance, hence the initiation of the lawsuit against SM to terminate his exclusive contract.
Author
