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K-Pop Group Under Threat

Written by Our Correspondent

Tuesday, 09 October 2012

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JVJ in action

SM Entertainment attempts to consign a rebellious pop group to oblivion

The South Korean pop group JYJ came onto the country’s fevered music scene in 2004 as three fifths of the then-pop group DBSK. They were soon to become what observers call by far the most successful and best-selling pop group that SM Entertainment has ever fielded, making countless millions of dollars for the management company in just five years.

However, today singers Kim Jaejoong, Park Yuchun and Kim Junsu remain entangled in a legal system that favors the powerful after the trio attempted to break a 13-year contract they had signed as underage teenagers at the start of their career. It was a contract that worked them to near exhaustion, paid them a fraction of monies earned, gave no accounting of royalties and left little room for renegotiation despite its decade-plus tenure. The group sued to be released and the court agreed. The contract has since been declared invalid by the court as being too heavily weighted in SM’s favor. But that wasn’t the end of it.

SM Entertainment is the biggest of South Korea’s big three talent management companies. It has faced widespread criticism that it relies on slave-like contracts that indenture performers to their agencies for at least a decade with no way out. Among others it has produced the groups Girls’ Generation, Kangta, BoA, Super Junior and many others. Observers, however, charge that SM operates almost like a cult.

And, as intensively as the company works to produce pop stars, their critics say that clearly it works equally hard to wreck the careers of those who attempt to escape their contracts. It is acknowledged that JYJ exemplifies that line of attack. The three themselves say they repeatedly asked the management company for royalty statements showing a true accounting of revenues they earned for the company and. after finally realizing fame and success, to simply be paid a more equitable share. Among other points of the now-invalidated contract they signed as teenagers was that they would have to pay the company US$400-480 million if they were to leave before it ended.

The invalidation of the contract doesn’t mean the end of their legal troubles. On Sept. 13, the Seoul District Court postponed indefinitely a reading of its verdict in the final case in favor of mandatory arbitration. South Korea’s broadcasting networks agreed that they would uphold the ban “until a verdict is reached in the lawsuit,” despite the fact that the court said two years previously that SME’s action was illegal and punishable by a fine. But as long as SM continues to stonewall, refusing to budge in negotiations on how much money it actually owes JYJ, there will be no end to the lawsuit. And the banning of JYJ will continue indefinitely.

As Asia Sentinel reported on Jan. 2011 in a story about SM Entertainment’s lollipop group Girls’ Generation, South Korea’s pop scene is like no other in the world. As carefully as Korea, Inc. manufactures cars, televisions, containerships and washing machines, it uses those same techniques to manufacture pop stars. It relies on intensive preparation and slavish attention to detail, a business model referred to as “cultural technology,” which has taken the country’s entertainers far beyond its borders even as the genre is dismissed by music critics of what seems a cookie cutter mold for its pop groups, leaving much to be desired musically and artistically.

When the three decided to strike out on their own despite SM’s threats, they left with little more than their clothes. The company actually owned everything they thought belonged to them, including the recording devices and tapes on which their new, unreleased compositions were written as well as all the gifts fans had given them.

SM, insiders say, draws on a wide range of entertainment industry, broadcast media cronies and other seemingly official organizations to keep young performers in line. For instance, in January 2011 the Korea Entertainment Producers Association petitioned its members to sign a statement saying that “If the verdict is made favoring the side of the trio who filed an injunction as well as a lawsuit, countless celebrities will abuse these results to file lawsuits against their respective entertainment agencies, regardless of the fact that the initial injunction and lawsuit were filed by the trio for the sole purpose of attaining individual financial profits by abusing the erroneous public preconception of slave contracts.”

From the time they filed their lawsuit until the end of 2009, the three say, they fulfilled all contractual agreements arranged for them by SM. The last appearance with their two former group members Jung Yunho, and Shin Changmin, was at a year-end performance in Japan.

Subsequently, all manner of difficulties began to arise. The original soundtrack for the wildly successful Korean drama SungKungKwan Scandal, which co-starred Park Yuchun, was allegedly held up by distributors. Television interviews with the singer-actor were cancelled and even as he accepted the award for Best New Actor at The KBS Drama Awards he mysteriously was never mentioned or shown in any television entertainment programs touting the drama or his achievement, even KBS’s own.

Baek Chang Joo, the president of JYJ’s new management company C-jeS said last year that everything his company tries to do to promote JYJ takes four times as long because everywhere they turn they are hindered, cancelled and barred.

SM vainly asked for an injunction to keep the trio from releasing its new English-language album “The Beginning,” sending a letter to Warner Music telling them not to distribute it. On October 13, 2010 it was reported that the Korean Federation of Pop Culture and Art Industry asked three major broadcasting companies, cable TV stations, record labels, distributors, press and other related organizations to refrain from casting JYJ for TV appearances or to engage in business with them.

When the South Korean media reported that, the federation denied that it was actually an "official document" – a statement which was belied after the letter, bearing the "Official Document sent by KFPCAI,” was later produced and made public. In yet another twist, this alleged official watchdog federation had never been heard of before they sent the document. It had no business address and no contact information.

Yet the document was taken as gospel by all who received it. It was almost as if someone far larger, more influential and powerful was really behind it – someone with a raging grudge against JYJ. And apparently the warning was heeded. The pop group’s appearance at South Korea’s Blue Dragon film awards was cancelled. Appearances were either delayed or cancelled for a variety of television talk shows and all music shows.

Critics say it is an open secret that SM appears to have been behind a long list of attempts to blacklist the group. Visas were unaccountably held up for a trip to the United States to do mini-showcases to promote their album, “The Beginning.” The four showcases were then held for free and were a huge success. Still JYJ worked determinedly and kept moving forward. In the US there were collaborations with Billboard Magazine and MTVKorea.

Once they returned to South Korea, JYJ embarked on a full-scale concert tour. Their first scheduled one was held in Seoul in November at Jamsil Olympic Stadium, over two nights, drawing a combined 70,000 fans, a sizeable number from Japan. These concert dates were followed by concerts in Thailand, Taiwan, China, then North America. They finished up with two more sold-out concert dates in South Korea upon the completion of these legs of the tour.

Thus despite the pressure and blacklisting, JYJ has managed to flourish, producing a major, international hit album “In Heaven” in 2011, starring in multiple successful K-dramas and doing a combined European, US and South American concert tour to wild acclaim. Amid the pressure that SM has brought to bear make a cautionary example of them to the rest of their signed acts, they have proven that they can be successful merely on their own talents and abilities and with the support of their fans.

The trio continue to do charity work and act as their country’s ambassadors for a variety of trade associations. Also beloved in Japan they even did a benefit concert to aid the victims of the Fukushima Earthquake which they were forced to hold in a remote area of Japan because a business associate of SM’s, the Japanese entertainment company AVEX did everything in their power to block it, this time unsuccessfully. The people, the fans and the town fathers wanted JYJ to perform. And they did, to about 80,000 fans over two days.

From the start there have been many ups and downs. But one unwitting parting gift they got from their years at SM was the ability to work as tirelessly as anyone in the music business today, with great enthusiasm and unfailing good humor. Their talent as singers, actors and performers is and always was their own. The three proudly proclaim themselves Korean. Even in the face of being blacklisted, banned and treated with distain by the South Korean media and music industry, they continue to love and represent their country.

(The writer is a U.S. based songwriter and music publisher concerned with the cause of justice for recording artists in S. Korea.)

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RE: K-Pop Group Under Threat
written by djbullock, October 09, 2012

Thank you for writing this. It's a clear timeline of what JYJ supporters have watched happen to these three fine young men whose only "fault" was that they dared to challenge the terms & conditions of an unreasonable contract and seek retribution through the South Korean judicial system of what was rightly due them.

The image South Korea shows the world, when they permit the ban and blacklisting of JYJ due to a CIVIL matter with a private company, is that bullying is condoned in this country. This type of conduct sends a clear message to anyone in SK who may also want to try to seek a fair solution in a personal matter against a company or employer, to think again before pursuing such actions as the system appears to favor conformity rather than justice.

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written by Alexandra, October 09, 2012

AVEX blocking a charity concert for victims of a natural disaster in their own country pretty much sums up how ridiculous the JYJ blackout is.

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written by Rasha, October 09, 2012

Thank you for your courage. I hope many writers and entertainers have the same ethics and courage you showed. I am very frustrated and lost my faith in korean justice when I heard to wt happened to Junsu lately. its very tiring to me I can't even imagine how they feel. wish them the luck

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written by Jude, October 09, 2012

Thank you for taking the time to write your bold sentiments. As I am sure many would agree, your efforts are greatly appreciated. The well being of young [or any] entertainers is a valid concern for anyone, anywhere in the world who value the rights of humanity. The entertainment business is cut throat and most often reflects the limitations and politics with the use pop culture. To know about a the struggles of these young artists within their country is quite frankly disheartening. And yet not surprising. But as the word spreads, perhaps, a greater push for justice can be encouraged.

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written by Gladiola, October 09, 2012

Thank you so much for writing this article.
Korean TV and media are SHAMELESS.
When JYJ held their world tour concert in South America, they said South Americans love K-pop. Actually, JYJ are BANNED in everything related to K-pop. Those music programs such as KBS Music Bank, SBS Inkegayo and MBC Music Core, TV talk shows, K-Music concerts and award shows, etc. didn't show them and they still claim JYJ as K-pop group. So weird...!!
For us, they are World Stars and not deserved to be in K-pop groups as K-pop groups can not speak up for their rights.
JYJ Fighting...!!

Thank You
written by Svetlana, October 09, 2012

Yes, thank you so much, it is about time that the truth gets out there. The illegal banning of JYJ is a stain on South Korea's reputation. When companies band together to victimize a group, for standing up for their rights, you know the system is broken.

How can all this television companies allow SM Entertainment to dictate to them. If SM threatens to pull all their idols, call their bluff. I am sure SM will realize they are the ones on the losing end. By doing nothing and looking the other way, it is the same as condoning what SM is doing.

Enough is enough, I hope the people of South Korea will correct this wrong.

GREAT Article
written by lilibaiyu, October 09, 2012

Thank you so much for running this story. As a fan of JYJ it's been a hard three years of watching them be cancelled from TV shows at the last minute, never getting played on radio while having massive hit records... it's just been terrible for the guys AND the fans. This boycott HAS to end. As recently as 2 nights ago one of the singers in JYJ, Junsu, was promised an SBS televised performance at the 2012 Para Games' opening ceremonies by the organizers. They gained great publicity for the show by his presence, yet without prior warning, once again, SBS chose to stop filming and tear down cameras and lights right in front of him as he was about to go on! This ban is cruel and wrong, it's illegal and it has to STOP. www.standupforjyj.com

Definitely needed
written by dongbanger, October 09, 2012

Definitely needed to be said. I'm glad someone is paying attention and writing about it. It cannot be allowed to continue on this way indefinitely. SM must pay for not only trying to keep money from the people who earned it, but SM must also pay for trying to use JYJ in a thuglike manner as an example to the rest of those scared kids and young adults too afraid to buck the system.

Thank you for your great article!
written by yeezer, October 09, 2012

Thank you so much for writing this article and putting it out here for everyone to see. Of course we, JYJ fans, are very much aware of what these boys have been going through since they left SM Entertainment. It is about time everyone else does too. It is amazing that things like this is still happening in this day and age, the whole entertainment industry against three young men who are standing up for their rights. I'm just so glad the boys are standing up strong and tall, going after their dreams despite all that their country is doing to them. We are keeping our eyes on South Korea. Thanks again. Really appreciate this.

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written by koreamom, October 09, 2012

i am so grateful for your article about the unfair treatment of JYJ and the general status of what they have had to fight now for 3 years. it is so blatantly unfair and unethical and yet it continues to go on. i would love to see more articles and more people stand up for fair treatment of them and not let it just slither away and be forgotten. SM needs to be held accountable for their actions, pay up and end this thing NOW>it has gone on too long. please continue to support them and get the word out there that there are people who want justice and fairness to win.

K-pop Group Under Threat
written by maejae, October 10, 2012

“the three proudly proclaim themselves Korean. Even in the face of being blacklisted, banned and treated with disdain by the South Korean media and music industry, they continue to love and represent their country.”

that’s understandable of every patriotic citizen, and they have nothing to be ashamed being koreans at their own merit. that’s why it’s hurting that their own country is like disowning them for fear of being emulated by other artists rebelling/abusing agencies if ever they win the lawsuit. if could have been fair if the battle is kept between JYJ and SM, but powerful as SM is, what’s appalling is their influence to block/ban the three from pursuing their career, that even courts and government are seemingly their puppets. If the court is not confident to go against Sm giant, make a stone face and deliver the littlest favor to JYJ, but just DO IT! Delaying verdict is no justice, but cooking injustice to become justice, you’re in a lot of fire hell!!!

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written by Yoland, October 10, 2012

Thank you so much for your paying attention to the unfairness upon the talented group JYJ. I love K-pop and Korean culture because my love to JYJ. Nevertheless, the terrible, ruthless censor and blacklisting makes me heartbroken. I have to change my think on Korean music undutry and media. They are only fighting for theri legal rights but encounter overvelming crackdown. It is unreasonable in any civilized country. I I thought for thousands of times to do something to support the three young men. They are not idol group but also fighters for freedom, fighters for dream and heroes I admire.

Thank You for this Article
written by Tiffany, October 10, 2012

Thank you so much for publishing such a wonderfully written article on JYJ and the struggles they've faced over the past three years and to this day still endure. I also appreciate that the article highlighted that despite all of their struggles, JYJ remains resilient. Hopefully this publication is another stepping stone to more action being taken and a greater awareness of the illegal media ban, the faulty justice system, and the corrupt actions of SME and its counterparts. This is an issue where human rights have been violated and where justice is long overdue. Once again, my sincerest thanks!

Dark side of Korean music industry
written by jt, October 10, 2012

Thanks for your article.

Korean fans are weird
written by Lina, October 10, 2012

there is only one thing I can't get it till now. If my favorite group and I mean JYJ got banned from media and they were suffering, how come we fans not defend them???? if they were in my country I would have protected them, how come Korean fans not defending their idol group?? how they kept silent till now? why they don't do something? I'm doubting about their fans now lol

-1

Thank you
written by Almo, October 10, 2012

Thank you so much for this article.
It's roughly a year and a half since I became a JYJ fan. During this time I have been heartbroken and enraged because of the shameless injustice of the Korean entertainment industry. But at the same time I have been inspired by the courage, resourcefulness, and the indomitable spirit shown by JYJ. They could be wallowing in self pity but they just work ten times harder and also find the time to do charity work for those less fortunate.
It is mind boggling that this kind of thing can still happen in a country that claims to uphold the rule of law.

SPREAD THE WORD!
written by Dri, October 11, 2012

Guys, let's spread this wonderfullly written article, Twitter, Facebook, TUMBLR! It deserves to be shared, JYJ case deserves more attention from everyone!!

I hope someway they get the JUSTICE they deserve, those brave, brave men.

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written by Oji, October 13, 2012

This is the best summary of the SM-JYJ fiasco that I've read. Thank you for explaining in clear terms the situation that our boys face, I will be spreading this link around.

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written by iconoclast, October 14, 2012

that you wrote this piece; really shows the integrity journalism still exists somewhere. Most media outlets do not report for fear of coerce or are simply not knowledgeable to the situation. This issue crosses simply musical boundaries, it's an example of deplorable business tactics and methods enforced to strong arm a group, that quite frankly has managed well enough on its own despite all the mitigating factors. I can only hope that this is spread and more attention will be placed towards this issue.

JYJ need to be free
written by GG9, October 30, 2012

In this case South Korea the same as North Korea.
Korean TV and media are SHAMELESS.

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written by Xenobia4, November 07, 2012

Thank you for doing this article! Everyone's been trying to get someone to do a real article on what SM has been doing. This needs to be spread, so industries can see what this company is doing and bring them to a screeching halt.

JYJ are talented singers and actors
written by thameethu, November 23, 2012

Thank you so much for writing such a wonderful article for JYJ !!!

Actually, I don't know much about the lawsuit or the banning process happening in the Korea now ...

As far as I concerned, JYJ are really talented singers and actors .... and they are WELL RECOGNIZED by various professionals (even by the Korean President) and by the WORLD .... So what's wrong with the ban from the media ... ???

If the media don't allow to broadcast, it would be a HUGE and OBVIOUS LOSS to them ......

We, JYJ fans, need to stand up for them ...

Always Keep the Faith

Update To This Story!
written by lilibaiyu, December 01, 2012

There's been a very happy and significant update to this story in the last few days! SM has settled the case with JYJ and they are FREE, the contract was invalidated absolutely and SM has agreed not to interfere with any of JYJ's promotions in the media in the future. JYJ are now free to appear on TV in S. Korea, to be on the radio and to do concerts. All the fans who stuck by them for the last 3 years share in this amazing turn of events. It's time to celebrate the return of JYJ to their homeland's entertainment media!