“The DBSK Situation, the Truth and Distortion.” (an insider report), Tuesday August 4, 2009 Korea
The future of idol group DBSK is uncertain. DBSK’s 3 members (Micky YooChun, Xiah Junsu, Youngwoong Jaejoong) and SM’s trouble is too deep. Although they state that there will be no disbandment, in reality, disbandment is more than likely. Even if they avoid the worst case scenario, disbandment, it feels like their departure of SM is set.
On the third, a acquaintance of the 3 members said, “settlement with SM has been tried multiple times. But their differences couldn’t be settled. The reason this went to court is because they couldn’t find a point to settle.” Thus, they concluded that more attempts for negotiations was useless.
The acquaintance that the reporter met is someone who has watched over DBSK very closely. He has experienced all ups and downs since debut until now. According to him, DBSK advocated for only one thing. They wanted conditions of the contract to be eased. However, it has gotten to a point where the conversations between the two parties have gone nowhere.
He stated, “they asked for the contract term and earnings distribution to be revised because everyone could tell it was irrational. They attempted to negotiate until the end but they felt that SM was avoiding them. Therefore, things got emotional for both parties and the 3 members are even more angry with SM’s response.”
“The truth about the 3 things that SM distorted.”
After the initial reports about this incident, SM sent documents on the 1st and the 3rd. On the first, they reported that this problem was due to the makeup company investment and they will work it out. After the contract conditions were reported, they responded that members were paid 11 billion Won and were given foreign cars as presents.
In response to this, he stated, “the nature of this instance is the unfair contract, not the make up company. However, SM has not mentioned the contract conditions and have continued to use make up company issues to play with the media.”
Additionally, he discussed about the 11 billion Won. He said, “let’s say SM is right and that they were paid 11 billion won for the 6 years of work. This is the pre-tax profit. After taxes were paid, and this amount is divided by 6 years, and 5 members, this is less than 200 million won per member. For the first half of this year, the profits from album sales in Japan is 2.5 billion Yen (33 billion won). However, DBSK doesn’t even receive 200 million won per year.”
The total number of albums released in and outside of Korea is 48. Out of these, including singles and full albums, 1.96 million copies were sold in Korea. In Japan for 4 full albums and 27 singles, 8 of those sold over 100,000 copies, and one sold over 250,000 copies. Including south-east Asia, at least 4 million albums were sold.
He also criticized abnormal methods of calculating methods. According to him, “SM requested money for back dancers and food. Basically, almost all of the expenses were paid for by DBSK.” He added, “besides this, SM created a local subsidiary and divided the earnings of DBSK into pieces. For example, SM Japan and Avex divided earnings, and this was also divided with Korean SM. With complex divisions, the money for the members were reduced.
Also, he stated that the foreign cars were given to them under the company’s name. “They received cars from SM after an award ceremony. However, the cars were registered in SM’s name and is not owned by DBSK.”
“The three members are as tired as they can get.”
According to this acquaintance, the three members of DBSK are tired of SM’s play with the press. They have no intention to solve this with mere words, and are extremely upset that SM is exaggerating only one side of the story, distorting the truth. He said, “they expected SM to twist words with the press but didn’t realize it would be to this extent. If SM continues this method, I think it would be nearly impossible to work together with SM again. I suspect that they will part with SM and try to find a different solution to settle this.
Their departure from SM does not mean the disbandment of DBSK. He asserts that there is no problems in relationships between all the members. They are still like family and agree that in any situations, they must work together. He said, “Truthfully, all five had the same intentions. But in the process of negotiations, there was differences between the members. That is why only 3 members decided to fight with their company. They all agree that the contract conditions are irrational, it is just that their way of handling it is different.”
“DBSK will continue even after departure with SM”
Micky YooChun, Xiah Junsu, Youngwoong Jaejoong’s will is stronger than ever. The acquittance reported that, “the 3 members are showing stronger wills than before debut. The three members are determined to stick together no matter what hardships come their way.”
They are also determined to get back together as 5 members under the name DBSK. He revealed, “even if the 3 members leave SM through lawsuit, this only means departure from SM. This does NOT mean the disbandment of DBSK. It may be after the 2 remaining members leave, or if they perform from 2 different companies; the 5 want to continue with DBSK.”
Well then, if 3 members leave SM, would they still be able to use the name ‘DBSK.’ Upon researching in the Industrial Property Office, the group name ‘DBSK’ is not registered. SM registered for DBSK trademark in 2004 but was denied. In other words, SM does NOT have the right to the name ‘DBSK.’
According to a ‘Mansung’ Patent Law Firm Office, the patent attorney Hwang Sung Pil said, “Dong Bang means East and one cannot assert exclusive right to use it. Most likely, this was probably the reason why the application was denied 2004. SM cannot assert any trademark rights to the name. If the 5 members are together even away from SM, they will have no problems using the name.”
More than anything, DBSK feels extremely sorry to their fans. This is why they want to go through with performances that were already scheduled. The acquaintance reported, “if they lose the lawsuit, they may have to pay an extreme amount of money for penalty. More than that, they are going through hard times thinking that they will have to be away from their fans while the lawsuit is in process.”
korean source
Article Credits: Song Eun Ju, Na Ji Yeon @ Sports Seoul
Translation Credits: j.adore @ soompi.com
as posted by ♥ lavender rain @ AF
more news article:
Park Chan Jong: “SM, fraud against DBSK.”
Original Article can be found Here
Article Credits: Lee Jae Jun (CBS Politics)
Translation Credits: j.adore @ soompi
Park Chang Jong laywer former member of the National Assembly, who previously dealt with big cases such as ‘Minerva’ and Park Yeon Cha case revealed his stance on the controversial DBSK Case.
He is the representative of ‘Honest People’ and in a report stated that, “it is clear the contract DBSK signed with SM is a slave contract. He asserted in the case with SM Entertainment’s battle, DBSK’s company’s acts, according to the criminal law, can be considered as fraud against minors. He criticized the 13 year contract and especially stressed that it is a fraud against minors.
According to criminal law article 384, clause 1, “this type of fraud states that taking advantage of the lack of judgment minors or disabled people can have and thus, profits from is punishable for up to 10 years of penal servitude or for up to 20 million wons of penalty.
Following, SM signed a contract with DBSK who were minors, and thus were not in conditions to make informed judgments, and made immense profit.
He added that this case must be taken as a lesson in order to eradicate the slave contracts employed by many entertainment companies. He especially pointed out the injustice parts in DBSK’s contract.
He stated:
-By setting the contract condition for 13 years, when the 5 members of DBSK were minors, SM took into consideration of their life as entertainers, and in result, tied them down for life
-Upon cancellation of contract, required for penalty 2 times the amount of future earnings
-Upon signing of the contract, did not confirm the original contract with the party
-Concerning their earnings, required the album sales to exceed 500,000 copies for the parties to receive 10 million wons the next year
Further, he stated, “the criminal acts by SM can be accused not only by DBSK members but a third party and this must be an opportunity to learn lessons eradicate the slave contracts.”
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“Against Disbandment vs. Agree on Some conditions… DBSK fans divided”
Original Article can be found Here
Three members of the popular group DBSK who represents Korea has filed for a provisional disposition, sending shocks to the people.
Article credits: Park Mi Ae @ E-Daily
Translation Credits: j.adore @ soompi
After the lawsuit was filed, the members who participated in the lawsuit asserted the unjust parts of their contract and in response, SM Entertainment also responded with rebuts, sending this case further into complications.
In the midst of this, disbandment rumors continue. As a group, they face the biggest challenge after 5 years of debut.
For fans, this case is especially distressing. Their fans, Cassiopeia, made DBSK’s growth not only in Korea but in all of Asia possible. Just like when HOT disbanded, it was predicted that many fans would come together to express their opposition to disbandment. However, there are many different views among those in this case and for those following this case, even for the fans.
At about 7 PM on August 3rd, fans waiting in front of DBSK’s homes could not hide their agitation. However, after the lawsuit, they offered different opinions, drawing attention.
About 30 fans waited outside of their home, and around the area, there was also taxis which was used by these fans. Upon confirmation, all members except Micky YooChun resides at this home and at the time of the interview, Youngwoon Jaejoong, Xiah Junsu, and Choikang Changmin was home.
Although fans were cautious about reporters, they expressed their opinions about the current situation. There was mixed feelings including, distress. Some fans even expressed that they had expected this.
There are two different fan opinions. There are those who oppose any disbandment and there are those who say they would be okay with disbandment if it is beneficial to the members.
For those who expressed the first group of opinions, they stated that DBSK shines the brightest when the 5 of them are together and wished to avoid disbandment at all cost. Some said that SM or no SM, they wished all 5 of them would move together.
Some fans who offered different opinions stated, “as a fan, no one would want disbandment but if it is beneficial to everyone and if the members choose to do so, I would agree with them.”
In addition, fans also differed in opinions about SM. Some fans spoke negatively of SM saying that the conditions on DBSK’s contracts were unreasonable while there were other fans who were more realistic stating that other companies won’t do as good of a job as SM to support the famous group.
The fact that fans are divided on the issue is not a surprise.
One fan, who was a fan since their training days revealed, “At first, people liked DBSK as a group, but as time went on, fans divided by the members.” Offering her interpretation, she added, “so their opinions are different based on who their favorite member is.”
The similar can be said as some fans have expressed criticism towards Uknow Yunho and Choikang Changmin for not participating in this lawsuit.
One staff who wished to remain anonymous said, “it is true that the current DBSK is similar to when DBSK disbanded. However, the fans reaction is very different. Previously, when HOT disbanded, there were many fans together as one in front of the building protesting their disbandment but now, just like how the members separated into two teams, the fans are also divided.”
as posted by j.adore @ Soompi Forums
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gahhh i really dunno y i repost dis articles, wen in fact my brain is oledi hemorrhaging!!! i dunno if its the rite ting to do, but ders jaz dat sumting inside me dat made me post it…i guess its dat fangirl spirit w/in me, i dunno if its back or is it oledi awake…but i prefer it back wid a glorius glam fab fantastic amazing fireworks…rather dan a feeling of hell…. so i guess i’ll jaz let my fangirl spirit…sleep some more…. not dat im neglecting dbsk…its jaz dat its hell…its an ironic place to b, wen dbsk is my paradise…heaven of bliss…
gawd!!! im so confuse…undecided to wat to do…. i guess jaz like jaejoong…i’ll jaz go by instinct….do wat my inner most thoughts & feelings…thinks & feels like doing….. if its painful…den i’ll jaz deal wif it…goes tis moment too… like the oder awful things will go & end….
…so yeah most prolly its da guilt of “resting my fandom”….. but can i “un-rest” it, in times like tis???WTF…im really insane now….im soooooo DramaQueen rite now…..dem!!!!!!!!! watever!!!!
Keep the faith! DBSK Hwaiting!!!! My Love is Never Gone….
