[OTHER TWITTER] The Korea Fair Trade Commission tweets about their Corrective Order against the SM’s obstruction

 

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[TRANS] Corrective order is one step higher than the warning.

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[TRANS] The effects of corrective order may need to be monitored, but it means fundamental barrier has been removed.

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[TRANS] If corrective order not implemented, additional measures may be taken. But the variables such as additional litigation may exist

Source: @kftcnews
Translated by: @064g
Shared by: JYJ3+ JYJCHILE
Note: You can read more details about KFTC Press Release here

[OTHER TWITTERS] Supportive Messages for JYJ Regarding FTC Injunction

 

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[TRANS]
My lovely little brother Jaejoong, adorable Yoochun, and charming Junsu, endure the hardship for now and let’s show that you have the competence for broadcast. It’s a happy day. I want to see you on television soon. JYJ, fighting!

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[TRANS]
Fans who have been waiting and loving JYJ will also be happy. [and] keep supporting JYJ in the future. Thank you. It’s a really good day.^^

Note: Kim Suk Jin is Jaejoong’s Sister

***

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[TRANS]
Fair Trade Commission issued an injection against SM Entertainment who has been interfering with JYJ’s entertainment activities. FTC finally moved forward to make a decision that’s been overdue. Anyway, the right will prevail in the end! JYJ, soar high!

Note: Park Chan Jong is a progressive politician and lawyer who works for human rights and minors in Korean society, who has previously shown his support for JYJ regarding this matter.

***

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Note: the link he attached in the tweet is “[NEWS] 130724 SM Entertainment and the KFPCAI caught red-handed in prohibiting JYJ’s activities” on JYJ3.net.

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Note: Matt M. Rok is the A&R of Mrok Management and worked with Junsu on Incredible Album.

***

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[TRANS] Regarding the FTC’s judgement, JYJ fans played the big role. How Great.

Note: Yoon Kyung Chul is a PD for OBS Channel.

***

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[TRANS]
Today is “the Day of Victory” to all JYJ fans!!
It could be possible because all of you fought and waited together.. and supported them as well~!
Hurrah JYJ!~ I want to shout like this on the street.
All you guys~ thank you! And I love you.☆

[OTHER TRANS]
Today is the ‘Victory Day’ of JYJ fans!! This day was possible because of fans who have fought alongside us, waited with us, and supported us~! I want to go to the street and yell ‘Hurray for JYJ!’~ Everyone~ Thank you so much. And I love you☆

Note: zunoxiahmom is XIA Junsu and Zuno/Junho’s mom

Source: @kkjj4 + @parkchanjong + @MATT_MROK + @obspd + @zunoxiahmom
Translated by: pvtse of JYJ3(1-3) + @jaetaku(4) + @theyoungestmin(5) + @ohmyjunsu(5)
Shared by: JYJ3+JYJCHILE

[NEWS] The Fair Trade Commission’s Orders, JYJ’s 180,000 Fans Gathered and They Solved It

 

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It has come to light that the signatures from JYJ’s 180,000 fans were a great help making the result in which the Fair Trade Commission (hereafter FTC) sided with JYJ’s Kim Junsu, Kim Jaejoong, and Park Yuchun.

On July 24th, the FTC has ordered SM Entertainment (hearafter SM) and the Korea Pop Culture and Arts Industry Coalition (hereafter KPCAIC), who have been obstructing JYJ’s broadcast activities, to cease their obstructive actions. While the FTC was announcing the statement, they said “We had received many petitions of JYJ fans wanting JYJ to have TV appearances.” It was reported that JYJ’s domestic and international fans participated in the petitions. Some Twitter user (T/N: allegedly, @saku_hera*** of dnbn.pe.kr) tweeted “The petitions the FTC have just mentioned are the signatures of JYJ’s international fans. And the judge said the petition was a formal declaration.”

The lawyer Lim Sang Hyuk, who helped JYJ with legal advice, said in his interview with Star In, “The FTC’s decision today was the result of the efforts from JYJ fans, not CJes or its legal team.” Mr. Lim said JYJ fans gathered all the petitions and reported to the FTC, and then the FTC started investigating on the basis of the petitions and finally made the orders.”

JYJ fans, on February 28th 2011, filed a petition to Seoul Central District Court and the Fair Trade Commission. One JYJ fan, who went to law school in the United States back then, played a key role in organizing the petition. The remarkable history was made in 3 weeks, from February 2nd of the year, by 86,418 fans from 118 countries participating in the petition which was translated into 10 languages; French, Turkish, Portuguese, Spanish, etc. And it is said that they submitted the document to the FTC as an official declaration, not as a petition, requesting legal settlements. After that, more petitions were added and finally 180,000 participated in total.

As a result, the FTC made their orders on the 24th of July, stating, “When JYJ released their first album and tried to start having activities as singers, SM and KPCAIC obstructed JYJ’s broadcast activities and casting by sending the official document (link) to the 26 companies including TV stations, offline and online music distributors, and etc.

(T/N: Already-translated parts are omitted).

*** (7:30PM in KST) @saku_hera’s tweet: When I published the petition including the signatures of JYJ international fans in 10 different languages at the printing shop, I sobbed every time I saw each different language of the fans. T_T  I think the result was made thanks to JYJ international fans. When I visited the FTC with a JYJ international fan, the supervisor of the FTC was greatly startled looking at it. He was slightly disconcerted by the English of the international fans… hehe. And later he was amazed with the fluent Korean of other international fans. ^^

*** JYJ3′s Note: Thanks to @saku_hera and The JYJ Files that organized the International Petition Link

Source: E-Daily Star IN
Translated by: @jaetaku (proofread by @ellerichu)
Shared by: JYJ3+JYJCHILE

[NEWS] Update from C-JeS Entertainment: Official Statement Regarding FTC’s Correction Order

Official statement of C-JES Entertainment regarding FTC’s correction order against the activities of SM Entertainment and Korea Popular Culture and Art Federation to hinder JYJ’s activities as singer.

C-JES Entertainment hereby announces its position with regard to the corrective order of Fair Trade Commission to ban SM Entertainment and Korea Popular Culture and Art Federation from obstructing JYJ’s performances as singer. (full statement of CEO Baek Chang-ju)

I would like to express appreciation to Fair Trade Commission which has conducted thorough investigations for more than three years in order to root out unfair practices by securing evidence to prove the organized, unilateral moves to keep JYJ from TV shows made by major entities in the cultural industry, such as SM Entertainment, Korea Popular Culture and Art Federation and Korea Entertainment Producers Association.

FTC’s investigations brought to light the fact that SM Entertainment abused its monopolistic and dominant position in the entertainment business, forcing disadvantages into those who do not follow its stance on a number of occasions, and thus violated the Fair Trade Act. The corrective order of Fair Trade Commission raised the alarm against the abusive practices by predominant players in the cultural industry, which go against the creative economy policy of the government.

In addition, the development of Korea’s entertainment industry represented by the “Korean Wave” will be sustained only if the creativity and diversity of all participants are respected and assured. It should no longer be allowed that only a few “powerful” entities wield predominant influence across the industry. In that sense, the Corrective Action Order Act which was announced today is sure to serve as the foundation on which the Korean Wave can take another leap forward into the world.

As a matter of fact, JYJ had to continue to fight unfair pressures even after its dispute with the former agency was brought to an agreement by court mediation in April. It is so obvious that JYJ still faces disadvantages, as seen in a recent, unilateral notice from the album distributor and JYJ rendered no opportunity to appear on terrestrial TV programs even after it released a new album. This is such a shameful reality of our society. However, I believe such policies and institutions as the Corrective Action Order Act will help put JYJ on a level playing field going forward.

JYJ’s opinions on the corrective order of FTC

“We are grateful for the decision by Fair Trade Commission. Since 2009, we have been in an uphill battle with seemingly no end in sight. Yet, the announcement made by FTC today gave us a great deal of comfort that things may finally improve bit by bit. We hope the corrective order will enable us to perform entertainment activities in a fair and equitable environment and so can young entertainers who will join the industry in the future.

The end of this pitch-dark tunnel may still be a long way off but we saw a gleam of light from afar today. We will keep walking towards the light and make the best effort in every moment so as to pay back with great performances.”

Reference 1: JYJ’s litigation and a FTC announcement

On July 31, 2009, the three members of JYJ applied for an injunction of Seoul Central District Court to suspend the validity of their exclusive contract with SM Entertainment. They insisted the unfair contract should be nullified on the ground that the contract period is so long (13 years) as to breach established social rules, profit-sharing structure is in excessive favor of the agency and they are deprived of freedom in performing activities during the contract period. On Oct. 29, 2009, Seoul Central District Court made a decision to accept their argument for the invalidity of the contract (Seoul Central District Court 2009 KA-HAP 2869). Since then, the Court has confirmed the nullity of this unilateral, forced contract on a number of legal battles till April this year.

In the meantime, in October 2012, Fair Trade Commission established and announced “standard rules for business transaction among entertainment management agency, entertainer(trainee) and production agency” in order to formulate a fair environment in the entertainment management industry. Since then, there has been improvement on the perception of participants in the entertainment business, including management agencies, thus setting the foundation that those who newly join the entertainment industry were assured the legal protection of their status and freedom in entertainment activities. In addition, FTC’s corrective order against unfair practices announced today reaffirmed the fact that the dispute between JYJ and its former management agency served as a decisive trigger to resolve unfair practices deeply-rooted in the entertainment industry and considerable improvements were made therefrom.

Reference 2: Conclusion of the legal dispute between JYJ and SM Entertainment in November 2011

On July 31, 2009, the three members of JYJ applied for an injunction of Seoul Central District Court to suspend the validity of their exclusive contract with SM Entertainment. They insisted the unfair contract should be nullified on the ground that the contract period is so long (13 years) as to breach established social rules, profit-sharing structure is in excessive favor of the agency and they are deprived of freedom in performing activities during the contract period. On Oct. 29, 2009, Seoul Central District Court (judge: Park Byeong-dae) made a decision to accept their argument for the invalidity of the contract. (Seoul Central District Court 2009 KA-HAP 2869)

SM Entertainment filed an objection to the court injunction on April 12, 2010. Yet, the 50th Civil Suit Division of Seoul Central District Court (judge: Choi Sung-joon) dismissed its objection on Feb. 15, 2011, which decision confirmed once again that the exclusive contract between the three members of JYJ and SM Entertainment was unfair and void, and accordingly reaffirmed the original court injunction (Seoul Central District Court 2010 KA-HAP1245). On Feb. 21, 2011, the 51st Civil Suit Division of Seoul Central District Court (judge Kim Dae-woong) acknowledged the fact that SM Entertainment has obstructed the entertainment activities of the three JYJ members, including appearance on TV programs, and issued an indirect compulsion order (2010 TA-KI 4495) that SM Entertainment shall not hinder their activities and pay 20 million won each time it violates this court order.

As shown above, the court made a voluntary arbitration to terminate the exclusive contract as of July 31, 2009 and as a result JYJ was assured full freedom of activities and independence from SM Entertainment. With that, all legal disputes between the two parties came to an end.

Source: C-JeS Official Website
Shared by: JYJ3+JYJCHILE

[NEWS] Statement from CJES with regards to the FTC announcement

 

“Through this investigation, it has been clearly revealed that SM Entertainment broke fair trade laws and used their monopolistic, dominant position to pressure those who are at a disadvantage multiple times. We believe the orders of Fair Trade Commission appear to raise the alarm to those despotic companies which go against the current governments Creative Economy Policy.

Despite releasing albums, JYJ is still facing the disadvantage of not being able to appear on public programs. However, with the support of today’s policies and systems, we think that JYJ can stand on a fair stage with their future activities.”

Statement from JYJ

“We thank the FTC for their decision. This fight began in 2009 and since then, we felt that we’ve been walking on a path with no end. However, with the announcement from the FTC, we feel a bit liberated and that we received much support. We hope that through this order from the FTC, all entertainers will be able to stand on fair and equal stages and that a road will be opened for our juniors in the future.

Although our path is still a long, dark tunnel, we saw a flash of light in that darkness. We will constantly work towards that light and will work hard every moment to repay everyone with great activities.”

Source: Top Star News
Translated by: @ohmyjunsu
Shared by: JYJ3+JYJCHILE