Baekhyun, Xiumin, and Chen’s authorized consultant and SM Entertainment have shared updates on their authorized battle.
On June 5, EXO’s Baekhyun, Xiumin, and Chen’s authorized consultant of the legislation agency LIN introduced that they filed a grievance to the Fair Trade Commission on June 4 in opposition to SM Entertainment for “abuse of superior bargaining place.”
1. Despite the Fair Trade Commission’s decision of banning SM’s [unfair contracts] twice in 2007 and 2011, SM didn’t rectify [the contracts].
2. Calculating the unique contract interval from the “entertainment industry debut date” (as a substitute of from the date the unique contract was signed) results in an excessively lengthy contract interval, the interval which is set by the company’s discretion, and has already been confirmed to be unjust, however SM remains to be not following the Fair Trade Commission’s corrective measures.
3. Through the Fair Trade Commission’s 2007 decision, SM already acquired the judgment that the contract interval of “5 years from the debut date (as a substitute of the contract signing date)” is excessively long-term, however SM truly signed much more unjust contracts by deciding durations of of seven years within the unique contract and three years within the annex settlement.
4. SM is violating the Fair Trade Commission’s correction order by persevering with to make use of the expedient of an indiscriminately prolonged contract interval for causes corresponding to abroad actions that aren’t even confirmed on the time of the contract signing.
5. Subsequent unique contracts which are robotically prolonged till the album launch numbers are fulfilled are extraordinarily unfair at least time interval has not been set.
6. We filed a grievance with the Fair Trade Commission with the hope that our small braveness shall be of assist for the institution of a good common tradition [industry] and for the sake of junior artists.
SM Entertainment additionally launched a brand new assertion sharing their determination on the matter.
Hello, that is SM Entertainment.
Regarding the latest request to offer copies of settlement experiences from Byun Baek Hyun, Kim Jong Dae, and Kim Min Seok (hereafter known as the “three artists”), we wish to inform you of the choice we made after cautious consideration.
1. Settlement experiences are confidential data that can not be disclosed to 3rd events.
– In the case of a bunch, particular consideration is required as they comprise details about different members as effectively.
Settlement experiences might embrace varied data corresponding to every artist’s particular exercise particulars, settlement fee and technique, down cost, and so on. This is confidential data of our company that shouldn’t be uncovered to 3rd events corresponding to opponents. In addition, within the case of a bunch composed of a number of members, [provision of settlement reports] is barely potential when there’s belief in non-disclosure as data of different members could also be uncovered.
In the primary place, our company has been steadily offering our artists with alternatives to view settlement particulars. In truth, there have been artists who’ve questions or opinions about their settlement particulars or have requested for added explanations, and we have now absolutely defined every time.
2. Claims of the three artists’ authorized consultant.
– They stay silent on our requests for a confidentiality settlement corresponding to whether or not there isn’t any involvement of any third get together and solely repeat their request for copies [of settlement reports].
– They made it official that there isn’t any third get together involvement solely to the media and to not us.
Under the circumstances the place third get together involvement is being reported [to us] by means of varied channels, our firm is anxious that there’s one other damaging intention of the three artists’ authorized consultant and their requests to be offered copies whereas mentioning the termination of contracts though they’ve the chance to go to us at any time to evaluation the settlement experiences and current their opinions.
Due to those considerations, once we acquired the request to offer copies from the three artists, we repeatedly requested [the representative of the three artists] for affirmation on elements corresponding to “whether or not the three artists have signed a twin contract with a 3rd get together which will breach our unique contract” and “whether or not they signify the three artists solely.” It can also be true that the consultant of the three artists has persistently remained silent to our questions.
Recently, the consultant of the three artists has made it clear to the press, and to not our company, that there isn’t any third get together involvement within the actions of the three artists or that the request to offer copies of settlement experiences is barely a reliable proper of the three artists. Internally, many are voicing considerations about whether or not the consultant of the three artists could be trusted and whether or not there isn’t any third get together involvement regardless of quite a few [disproving] tip-offs and circumstances.
3. The company’s determination for EXO.
– We have determined to offer copies of the settlement experiences with the consent and understanding of EXO members on the premise that the three artists and authorized consultant don’t use them for unjust functions.
– We will do our greatest to not intervene with EXO’s actions.
After deliberation, on the premise that we obtain affirmation that the three artists and their authorized consultant won’t use [the reports] for some other unjust functions than to test the settlement particulars, the company has determined to offer copies of the settlement experiences to the three artists. Furthermore, we have now defined this case to the EXO members in addition to the three artists, and we requested for his or her consent and understanding relating to the availability of copies of settlement experiences.
Through these measures, the company hopes that we will convey our honest emotions of loving and cherishing all of the EXO members in addition to the followers who treasure EXO.
Regarding the query raised by the three artists, varied experiences are rising relating to the company, however we’re not refuting them intimately one after the other. However, we wish to clarify that contracts usually are not terminated by means of unilateral notification with inadequate proof. In addition, other than holding those that are giving unsuitable recommendation to the third get together or the three artists legally and morally accountable, we are going to proceed to do our greatest to return to a mutual settlement with the three artists we cherish. We will do our greatest to not impede on EXO’s actions which followers are anticipating.
Thank you.
It was first announced on June 1 that EXO’s Baekhyun, Xiumin, and Chen notified SM Entertainment relating to the termination of their unique contracts, which SM responded to with an in depth assertion. Baekhyun, Xiumin, and Chen’s authorized consultant released an extra assertion on June 2 with a rebuttal of SM’s claims.
Content Source: www.soompi.com