flytvxqify Says:
Aug 3, 2009 - In due process, our health have deteriorated significantly and mental fatigue has reached its peak. However, SM unilaterally set even worse schedule to further global expansion. We finally reached conclusion that we can no longer achieve our dreams as artists, but will become merely a tool to for SM to make more money. We would like an opportunity to realize our visions as artists according to our wishes.
flytvxqify Says:
Aug 3, 2009 - 2. 13 year contract means life time contract in reality. However, according to our contract with SM, our contract duration is 13 years and if it includes legally mandated military service, it goes beyond 15 years in total. That means we have more than 10 years left in the contract. In the reality of Korean music market, the term translates to until the time that we retire from the entertainment business.
flytvxqify Says:
Aug 3, 2009 - If we decide to break the contract, we must pay a penalty equivalent to three times the investment of the company and twice the profit to be realized. Even if SM agreed to let us break the contract, we still have to pay the penalty. The millions of dollars in penalty is something we cannot afford to pay. Due to the penalty provision, we are bounded to SMs wishes.
flytvxqify Says:
Aug 3, 2009 - 3. We dont even get reasonable treatment from SM Entertainment. What makes worse is that we dont even get a reasonable treatment. We had no signing bonus and according to the contract, we get paid nothing from our music sales unless it sold more than 500,000 units per title. (Translators note : in the depressed Korean Music market, selling 100,000 units per title, its considered a success)
flytvxqify Says:
Aug 3, 2009 - If an album sold more than 500,000 units we were to be paid 10,000,000 won (approximately $8,200 in US dollars) per person. This clause was finally modified in February 6, 2009. However, even with the modified terms we only get paid 0.4 1% of profit per member from the music sales depending on to the sales volume.
flytvxqify Says:
Aug 3, 2009 - 4. Members have asked SM Entertainment numerous times to correct unreasonable treatment, however SM has been ignoring our fleas. To correct these types of unreasonable working conditions, we have made numerous request to SM to modify our contracts provisions to a fair and reasonable ones and to allow us to work towards realizing our artistic visions. However, SM kept bring up our personal investment in cosmetics business which does not have any relevance to our request
flytvxqify Says:
Aug 3, 2009 - and has been ignoring our request. Even in that condition, we have asked in numerous occasions to sit down with us to open a dialogue to reach a reasonable agreement. However, SM has refused to even to have any discussion with us. SMs such actions led us to believe that we have no other recourse but a legal action to make SM listen.
flytvxqify Says:
Aug 3, 2009 - 5. Our investment in cosmetics business has nothing to do with our entertainment related work and it has no relevance what so ever to our legal action. The essence of our legal action is the unreasonableness of our contract with SM Entertainment. SM Entertainment is trying to let you believe that we have taken a legal action for our investment in the cosmetics business. However, our investment in cosmetics business has nothing to do with our legal action.
flytvxqify Says:
Aug 3, 2009 - The investment in cosmetic business SM is keeping referring to is our investment to a cosmetic sales company which is trying to launch into Chinese market. We have invested approximately 100,000,000 won (approximately $82,000 in US dollars). You will all agree that its not significant enough amount of money for us to risk our achievement as TVXQ which we have worked so hard to get.
flytvxqify Says:
Aug 3, 2009 - The essence of our legal action is the unreasonableness of our contract with SM and SM needs to stop the efforts to muddy the water by brining up the investment in cosmetics business which has nothing to do with our legal actions. 6. Members do not wish to dismantle the team, TVXQ and we only want to be relieved of unfair contract terms.
flytvxqify Says:
Aug 3, 2009 - Many of our fans are worried that our legal action may dismantle TVXQ. However, our legal action is not a prelude to dismantling of TVXQ. Due to a difference in opinion in how to resolve contract issues, only three of us are participating in the legal action. However, there is no problem among the members and the desire to keep our promise to our fans that We Are Forever One has not changed in any way.
flytvxqify Says:
Aug 3, 2009 - It has taken a considerable amount of courage for us to take legal action. By taking this legal action, we hope to correct the unfair treatment and create an environment for us to freely grow further in music field. 7. We will make this a basis for further growth.
flytvxqify Says:
Aug 3, 2009 - We apologize to fans of TVXQ who have been surprised and disappointed by our legal actions. However, please think of this as a step towards of realizing even greater dreams and please continue to support us. We promise to return your love and support by becoming better artists and persons. Thank you.
flytvxqify Says:
Aug 3, 2009 - If you click on view all comments, you can see the official press release in order
xXxanie0hautiesxXx Says:
Aug 3, 2009 - THEY WILL NEV ER DISBAND SO STOP THINKING NEGATIVELY!! if it comes to that, dbsk will remain dbsk but will just move companies! its not like SM entertaiment are the only company! DBSK HWAITING!!
flytvxqify Says:
Aug 3, 2009 - * Press Release by Hero Jaejoong, Micky Yuchun, and Xiah Junsus Representative 1. During last 5 years since debut, we have become mentally and physically exhausted by the unreasonable schedule unilaterally set by the SM Entertainment. Since the debut in early 2004, Junsu Kim, Jaejoong Kim, and Yuchun Park have been working 358 days a year with average sleep of 3 4 hours a day shuttling between Korea, Japan, and China according to the schedule set by the SM Entertainment.