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Last Updated: April 24th, 2010 1:25PM KST
We are sure some of you have been following us on twitter for the recent updates on this…. we thought we could cover everything there but we were wrong. The case is much more complicated than we thought it would be so we’re going to cover more about this on the blog as well.
According to Chinese media, Super Junior Hangeng has requested a termination of exclusive contract with SME and this has shocked many fans. A lot of articles regarding this controversy appear, all confirming the fact that he did file a lawsuit.
December 21, 2009
4:25PM KST
When asked via phone regarding this news, SME sounded really surprised ~ as for now, geng is unreachable as his phone is being switched off (Source: Sina)
4:41PM KST
Here’s a legal perspective. The news didn’t say anything on which part of the contract he wanted to terminate. Whole? Some provisions? Even if he wants to terminate a clause or two, it doesn’t always mean he’s getting out. Keep the positive thoughts, ELFs. There’s no proof or official statement of anything yet. Presumption of innocence. When it comes to contract, there is always a dispute settlement clause. It is up to the parties on how to settle their disputes in the future. They can settle them themselves, they can have an arbitration, or they can settle it down in courts. Either way, it’s just a matter of dispute settlement. Going to court is just a way to change a contract. If there indeed exists a problem in the contract, there is still a possibility that they will make a new contract. Therefore, it’s really a premature assumption that if Hangeng files a lawsuit, then it means he wants to get out. VERY premature.
4:55PM KST
This is the legal document SAID to be the actual request of the termination http://i50.tinypic.com/2z512s6.jpg Geng didn’t sign the paper himself but it was his lawyer, Kim Jin Wook. His lawyer HAS the rights to sign the paper on behalf of hankyung.
5:12PM KST
As for the law procedure, what happened today is merely the admission of the lawsuit. The legal document released on the internet is just a common procedure to note down that the lawsuit has been given to court. That legal document is NOT the lawsuit file itself. It’s just a proof that the lawsuit has been given to the court. The court itself still has to PROCESS it and DECIDE whether they’re going to accept the lawsuit or not.
6:52PM KST
At 6PM, SME released a statement, saying that they will be in touch with Hankyung to confirm the news and converse with him to fix things up, “For the sake of Super Junior, we will resolve this through a dialogue.” (Source: STAR News).
7:24PM KST
Kyuhyun just updated his cyworld with a diary entry HERE “Even a beast don’t bite the hand that feeds one… I can not understand…”
8:31PM KST
After an hour or so, Kyu hides his diary entry.. probably due to the amount of attention it gets from the media
11:03PM KST
An interview with Hangeng’s lawyer, Kim Jin Wook.
Super Junior’s Chinese Member Hankyung has filed a litigation at the Seoul District Court on the 21st at 1pm about the effect of his exclusive contract.
Reporters are currently on a phone interview with Hankyung’s (who is in China) lawyer, Kim Jinwook. Lawyer Kim said, indeed he has filed a litigation about terminating the contract with SM, but to whether Hankyung will continue Super Junior’s activities, it has been undecided.
[*] -It has been heard 2 types of litigation were filed today.
“It is confirmed that 2 litigations have been filed against the exclusive contract to not be valid and to terminate the contract. Simply put, the former says to terminate the exclusive contract and the latter is saying that until the exclusive contract is terminated, and until legal effect of the termination has taken place, (he) will be able to act in accordance of temporary activities at (his) own will.”
[*]-When did Hankyung prepare for this litigation?
“This is hard to answer. When the statement is released, it will be answered.”
[*]-The main point of this litigation is similar to Dong Bang Shin Ki 3 member’s exclusive contract?
“Majority speaking, it is almost similar. Hankyung’s contract is valid for 13 years, there are indeed many unfair clauses, so (he) decided to file the litigation.”
[*]-Has he been contacting the 3 members of DBSK?
“I am not very sure. Hankyung will state his own stand as soon as possible.”
[*]-Has the first date of the trial been decided?
“At the moment, not yet. The full situation has been sorted out properly. DBSK’s sequestration contract has been terminated, and the process of applying it to finishing the statement, takes about 2 months. Hankyung does not want to spend such a long time. DBSK’s situation has mediation in between, and has undergone trial a few times, so the time spent has been pretty long, we hope that Hankyung’s litigation will be solved as soon as possible.”
[*]-Did Hankyung think of continuing activities as part of Super Junior or will he leave the group?”
“That I am not too sure. As for Super Junior’s activities, up till now, there has been no decision made.”
[*]-It has been heard that (he) plans to have solo activities in China?
“I have not heard of that.”
Source: here
Translated by ゞilσvεjr⌒★ @ sj-world.net
11:15PM KST (?)
This entry was written on hangeng.net by Hangeng’s friend per Geng’s own request.
The writing in italic is what the guy wrote, the one in bold is Hangeng’s words.
(DongGam is hangeng.net, a Korean website)
[091219] Title: It’s been a long time ㅎㅎ
Since Hankyungie asked me to leave an entry after a long time
I’ve just come to write ㅎㅎ
Have you been doing well?!
Because of the activities in China I’m not even able to write entries
and I always just come to check
This time the schedule is just so busy
that I don’t have a lot of chances to manage to keep in touch
so again I have to greet you
and ask how the members of DonGam family are doing
through a hyung’s help like this
I heard the weather in Korea is very cold lately
Beware of colds and since I’m going to Korea in January
I’ll see you then~ Christmas is in a short while from now
Spend a heartwarming Christmas~
Please be happy~ ^^
-so here I come -
These days I too have been unable to come back here as I’ve been very busy ㅎㅎ
I came to give good news anyway~ since the weather’s cold
beware of catching colds~ ~
However, today Han Geng’s friend came to leave another entry,
and took back a line he wrote and explained it was written by him deliberately.
He apologized because he felt as if he lied, since Han Geng did not say that.
[091221] Title: Hello, I want to say…
Hello
I have something to say so that’s why I’m writing an entry~
First of all I will tell you why I’m writing without having been asked by Hankyung
Since I’ve found out about DongGam thanks to Hankyung
I’ve been coming to bring you news about/from Hankyungie
But this time I wrote as I pleased
Of course the thing about Hankyung’s conditions was the truth
But [the part about him coming to Korea in January] I threw in on my own.
I alone came out with a thought like that.. so it was like a lie
For now I want to apologize for being unable to be too honest
So I’ve come to write this entry in case you’d be disappointed~
Original Source: hangeng.net
Translated by Gaia @ SJ-WORLD.NET
11:30PM KST
Hangeng updated his cyworld (read it here) with the words, “i’m good for now，i know all of you are still here (for me)！i love you guys~~~”
December 22, 2009
16:02PM KST
Eunhyuk updated his sidebar in cyworld with many full stop periods and ended it with an exclamation mark “!”
Donghae also updated his sidebar in cyworld with one full stop period “.”
Read them here
16:35PM KST
News regarding the reason Hangeng filed a lawsuit against SME.
These are 6 unfair points from Hankyung’s exclusive contract with SM which are stated by Hankyung’s side (not sure whether it’s from his lawyer or his representative)
1. The contract has many provisions which are in SM’s favor.
When the first contract was signed (January 2003) Hankyung was 18 then (underage) and being a Chinese person, he didn’t know everything about Korean showbiz, so SM gave him a contract with the content that SM itself suggested.
Not only that, but also side agreements with SM after then (Febuary 2007 and December 2007) were only from SM, which means that Hankyung didn’t have the chance to suggest provisions in his favor.
2. The period of the exclusive contract is 13 years, it is too long.
The first contract he signed stated that it will be ended 10 years after Super Junior’s 1st album, but the second time it was modified it has been extended to 13 years. Super Junior’s 1st album was released in December 2005, so the contract will be ended in December 2018 and Hankyung will be 35 then.
Moreover, if Hankyung does not take part in some activities because of his health or studies, the contract’s period will be extended according to the situation, so it currently is 13 years on paper, but it could be longer in real life. This clause severely violates Hankyung’s civil rights.
3. There is a clause stating that Hankyung will have to pay SM a large sum of money in case of breaking contract clauses or creating damages, thus this prevents Hankyung to cancel the contract itself, or some agreements on it.
If Hankyung wants to move to another company and continue his activities, he will have to pay SM threefold of the money that SM had invested to him and pay twofold for the loss of the remaining time of his contract.
4. The amount between Hankyung’s rights and responsibilities stated in the contract are not the same.
Hankyung has to follow and attend all the schedule that SM gives him, he has to do/follow all SM’s orders/intructions unconditionally, but he doesn’t have a right to request for his contract to be revised.
5. SM has forced Hankyung to do some activities against his will.
During training time, if Hankyung was late, or absent, or didn’t fulfill his duty, he would be fined 10,000 won (= USD 9 currently) for the 1st time, 20,000 won (= USD 17 currently) for the 2nd time, etc. After debut, if he was late or absent from his schedule, he would have to pay for all the damage; if he cuts the contacts with SM for more than 1 day according to the situation, SM can cancel his contract. And if he doesn’t fulfill his duties, according to the situation he could be fined 5,000,000 won (= USD 4,245 currently).
According to the contract, Hankyung doesn’t have any right to decide for his schedule, he has to follow SM’s words and only attend the events/performances that SM’s manager designed for him. Hankyung even had been forced to attend some activities because of SM’s order when he was ill.
6. The profit distribution and copyrights between SM and Hankyung.
During the contract period, all the copyright of albums and song will belong to SM. Even if Hankyung were to write, compose, and/or arrange the songs, they can be used by SM without his permission.
As for the profit, the album has to sell more than 50,000 copies before Hankyung can receive 2% of the profit.
The digital sales have to be equal with the net profit before Hankyung can get 10% of the profit.
The overseas income has to be equal with the net profit too before Hankyung can get 60% of the profit.
As for overseas activities income, after SM deducts all the promotion activities expenses & fees, the remaining money will be divided among the group members.
Original article is here
Translated by evanesco @ sj-world.net
17:08PM KST
News on Hangeng’s illness.
Hankyung, “No rest in 2 years.. From gastritis to kidney illness”
Hankyung, Super Junior’s only Chinese member in the 13 member group, has filed a lawsuit against the effects of his exclusive contract with the defendant SM Entertainment because of their unfair activity scheduling which has caused him gastritis and kidney illness.
Through Hankyung’s legal representative, the lawsuit to terminate his exclusive contract was filed on the 21st with the Seoul District Court.
According to the litigation, Hankyung has not even been given a single rest day per week after debut. It has been said, “Because of the recent continuous overseas activities etc, it has almost been 2 years since he last rested, he has been rushing schedules (all this while).” “Due to contract obligations and heavy penalties, even during bad health, he was not to skip any scheduled activities.”
Hankyung’s side emphasized, “Because of these kind of health problems, (he) has continuously put forward requests to rest, but has always been rejected.” They added, “Except for when they started their perfomances in 2006, at other times, he had to stay in Korea.” “Through their manager, Hankyung requested from SM for leave to return to China to rest but he was rejected every single time.”
Hankyung’s side added, Hankyung’s exclusive contract terms ▶SM was definitely in a more superior position signing on unfair terms in the contract ▶The contract would span 13 years (starting from the release of their first album) ▶Incorporated excessive damages and in terms of the contract, if he voided it, he would be blocked (from other activities) ▶Allocation of rights and obligations in the contract were significantly off-balanced ▶SM had the right to request Hankyung to be in any activity ▶Profit-splitting rights and provisions were also off-balance, hence the intiation of the lawsuit against SM to terminate his exclusive contract.
On the other hand, after Hankyung intiated litigation, SM stated their stand that “for the sake of Super Junior and Hankyung, they are in talks to resolve the problem”.
Source: 스타뉴스
translated by ゞilσvεjr⌒★ @ sj-world.net
18:42PM KST
An interview with Super Junior M’s manager, Kim Min Wook.
“SJ-M’s Manager: News of Han Geng’s contract termination was released by fans, in the midst of coordinating with the company.”
December 21, reports have emerged that Chinese celebrity Han Geng has officially filed a lawsuit against SM Entertainment with the Seoul District Court, asking for a termination of contract. Once this news was released, the level of this ‘explosion’ is no less than that of Dong Bang Shin Ki’s case previously. Ent.163.com has contacted SJ-M’s manager Kim Min Wook (?) to respond to Han Geng’s opting out. Kim Min Wook said he himself was not sure if Han Geng initiated the termination of contract, and that he saw the news from the internet, “All news were said by fans, the company does not know (anything).”
Kim Min Wook added, he saw that a lot of Super Junior related news surfaced online today, but in regard to whether Han Geng, as per what the rumours have stated, has filed the lawsuit with the Seoul District Court against SM Entertainment’s to be terminated, he isn’t very sure himself, and is currently reaffirming this with the company, Kim Min Wook said, “All the news are what fans said.”
As to whether it is a worry, as being Super Junior’s only foreign Chinese artiste, if Han Geng’s opting out will affect Super Junior’s development in China, Kim Min Wook repeated again, “If there is really something, we will discuss it well with Han Geng and hope that Super Junior’s future development will not be affected.” Once the news of Han Geng terminating the contract spread, Ent.163.com surveyed fans. 80% of the fans think that it is SM’s doing of cooking up publicity for Super Junior’s Asia tour next year. To why they say it’s a form of cooking up publicity, Kim Min Wook declined to respond but only repeated “Thank You” non-stop and hurriedly hung up the phone.
Source: Ent.163.com
Translated by ゞilσvεjr⌒★ @ sj-world.net
19:30PM KST (?)
Leeteuk, Kyuhyun, and Heechul’s cyworlds are not accessible anymore.
December 24, 2009
12:20PM KST
SM declared that all SJM’s activities would stop temporarily. Henry would be in promotion with Zhang Li Yin.
Read the article here
12:38PM KST
Leeteuk, Kyuhyun, and Heechul’s cyworlds are accessible again.
13:11PM KST
Super Show II in Guangzhou is cancelled. But there are two dates added in March.
December 28, 2009
13.35PM KST
Hangeng won’t be attending any Gayo Daeuns. Read here.
He also didn’t attend any Super Junior activities prior to his lawsuit.
December 30, 2009
15.29PM KST
A couple of days after Hangeng filed his lawsuit, there was a rumor that five other Super Junior members also file a lawsuit. SM denied this rumor. Read article here.
December 31, 2009
14.00PM KST
The trial will be held on Jan 8, 2010. Read here.
January 1st, 2010
11.00AM KST
The trial will begin on Jan 8, 2010. If Hangeng wins, he’ll be free in March at the earliest. Meanwhile, he temporarily refuses to be active in any SME activites. Read article here.
January 5th, 2010
15.17PM KST
As a way to support Hangeng, some fans requested refunds for Super Show II tickets in Beijing. The news said, “Many fans indicated that refunding their tickets is the most effective way of showing support for Han Geng: ‘support this, Han Geng’s fans refunding their tickets is the best support for Han Geng! We must not let SM take advantage of this opportunity, saying that if Han Geng is not there, the fans will still be as passionate as before.’”. Read the rest here.
January 8th, 2010
10.00PM KST (?)
The day of Hankyung’s first trial.
January 9th, 2010
05.28AM KST
The Korean Court has commenced its hearing of Han Geng’s lawsuit and his submission of an “agreement to suspend his contract”, but at present there is temporarily no definite outcome. Up to now, SM Corporation is yet to submit a pleading in response. It appears that it is unknown when there will be an outcome from the contract termination lawsuit between Han Geng and his company, fans will still need to wait calmly.
Source: http://news.gz.soufun.com
Translated by purple_princess@thirdchapter.org
January 26th, 2010
{NEWS} SJ 2nd Asia Tour in Shanghai: HanGeng Still Not Present
On the 6th and 7th of March, Korea group Super Junior will be holding their last 2nd Asia Tour concert in Shanghai* .HanGeng, who was not present in last week’s concert in Beijing due to contract issues, it waits to be seen if HanGeng will be present to bid his fans goodbye. …read the full article…
February 5th, 2010
{NEWS} Hangeng Confirmed Absent for SS2 Taiwan, Fans in Grief
For Super Junior’s first concert in Taipei, Super Show 2, at the Taipei Arena, the organizers, Super Dome, has confirmed with the Korean side and made an official announcement that only 10 members will be going. Hangeng, Kangin, and Kibum are confirmed to be absent. As soon as the news was released yesterday, fans on PPT’s website flocked together howling in grief and wanting to cry. They were heart-broken as Hangeng will not be able to realize his agreement to come to Taiwan to celebrate his birthday. …read the full article…
February 19th, 2010
Hangeng is spotted at the airport, making a public appearance for the first time after he filed the lawsuit, wearing a yellow coat. Fans reported that he is flying to heilongjiang for a ski trip while others are preparing for Super Show 2 in Taiwan. See the pictures…
March 8th, 2010
Pictures of Hangeng’s recent interview with Sohu were released and in a matter of hours, the preview of the interview was uploaded. The actual broadcast date has not been released. We came across the pictures on ihangeng.com and some other chinese fansites moments before they were all being removed with the reason of it might interrupt Hangeng’s lawsuit case. As part of fans, we have decided to put the post as private until we everything is clarified or until the actual interview is aired.
March 10th, 2010
Both parties have submitted the relevant documents that the court needs.
Source: ihangeng.com
English Translation: marchocho @ TwELFs.com
March 16th, 2010
The full interview of Hangeng in Sohu program “Star Online” is finally up on Sohu official website. Watch the video and read the summary here…
March 17th, 2010
12:16PM
Articles originated from Chinese media released, reporting that Hangeng has been caught seeing eemedia, a well-known entertainment company in the mainland, and will soon be joining a Chinese group under that particular company, called “SD5″. However, this has been confirmed as rumor by Da Peng, Hangeng’s Sohu interviewer, through his microblog.
Source: Da Peng’s microblog
Credits: omonatheydidnt
5:49PM
There are articles floating around saying that Hangeng is currently in the US and denied the rumor of him joining a chinese group. He has been in the US since March 9th. Also, his manager has spoken up about the rumor, completely denying it.
Source: here, here and here
English Translation: AeKyu @ TwELFs.com
thank you mrsjongwoon for the tips
10:33PM
Hangeng’s entire court case includes 2 parts. The first part is that the judge could announce that part of the contract is invalid before announcing the termination of contract. This is to protect Hangeng’s rights & interests and to prevent SME from delaying the case. It may also allow Hangeng to have a certain amount of freedom before the case ends (to “frozen” the effects of the contract). The other part is to terminate the contract. Also, the case may last for a longer period of time because of the complexity of the case and contract.
Source: Hangeng Baidu Bar
English translation: marchocho @ TwELFs.com
March 28th, 2010
Hangeng’s Lawyer’s Latest Statement
Sun’s pronounce
All the following statements come out from the truth that I’ve witnessed around Han Geng these years,and I promise I’ll be responsible for all my words.
…read more…
April 20th, 2010
the lawsuit is still in progress, it is better not to be too anxious about it.
…read more…
COMPILED IN: TwELFs.com
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kyuhyun uploaded his cyworld entry. he sounds pretty pissed off at hankyung right now…….
I’m nervous..
@oh snap, what do you mean? can you give me the translation?
what is he saying?? *______*
@oh snap, Someone at soompi posted that he updated his cyworld with this.
“even a beast don’t bite the hand that feed one… i can not understand”
http://www.soompi.com/forums/index.php?s=&showtopic=215214&view=findpost&p=15132260
Can someone confirm this?
What’s going to happen now? Gaahhh, I’m such in panic!! My hands are shaking. My heart’s beating fast. Plaese no!!
I’m so nervous.
HanKyung, please don’t do this… SuJu-M needs a leader; HeeChul needs his Prince Charming. D’:
Someone tell me this is just a joke. Please. D:
Kyu’s cy makes me so … I’m crying.
wat’s going on? Plz don let dis thing happen. M really panic. suju really need hangeng.
sigh…
Haiii everyone, I’m still not over the shock of this, but I think we should try and think of happier things now, we don’t know if it’s true and we can give our support when it’s needed.
I think worrying will only make us upset in situations that are uncertain and in where we might not be able to do something.
Let’s wait for confirmation and things, and smile that Christmas is coming. ^^
We have to 13elieve in them! We have to appreciate whatever their decisiong. It must be harder for the boys themselves. Fighting!
We have to 13elieve in them! We have to appreciate whatever their decision. It must be harder for the boys themselves. Fighting!
Oh my. I’m really nervous D:
) God, I love them so much..I hope nothing bad happens… Or else.. am I expecting another silent ELF protest again?
This news seems to affect everyone..’cuz duh, Hankyungiiee’s extremely lovable.. No one wants him to leave SuJu but SERIOUSLY, I’m starting to hate SME! Come one guys, the hot dude needs rest too! He’s also human! SME’s downright UNfair. Period. But still, he shouldn’t leave Super Junior! I think what they all need now is a rest. Not completely a member loss. But like a two to three day rest so they’ll regain their energy and become one united hot number one idol boy group again!!
No matter how hard I try,I can’t help but feeling wary abou this,I really hope it will be solved quickly and peacefully.. :’(
I support Geng 100%. I hope SM gets the message now. If they want to be a real global entertainment company, they have to play by real, global rules. Slave contracts are SO 19th century.
hope no disbandment will happen..
why can’t SM learn a lesson from what happen to DBSK?
why do they do this to their artist?
they get the benefits then the artist suffer?
hope SUper Junior will stay strong..
HOld on to each other please..
we ELFs will always be here..
as we hold on to you guys! coz we all 13elieve!
hope the best for him…
i believe, SJ 13 forever…
hangeng oppa.don’t leave us. TT^TT
i cried rivers already since this broke out
and it still stresses me.we’ll wait for you.
please come back quickly.
I Still 13elive in Han Geng. I know that he WILL comeback. 13ELIEVE!!
Hankyung-ah…we know u need some breaktime to rest…
But not too long ok.. we miss ur hips dance for the most ^^b
ahhhhhhh Hankyung… please don’t leave
we 13elieve in you! 加油！你一定能撑下去，我们相信你~ 我们看你那么辛苦会很心痛的。。。这些年来一直很努力，我们都很感动，如果你离开 super junior 的话我们会很伤心的~ 我们永远支持你，韩庚 hwaiting!!!
no matter what, we still support him and the rest of the members.. well, actually its his own decision… Super Junior FIGHTING!!
lets hope the best for them…
aaaah~ I hope hankyung won’t leave super junior .. come back soon hankyung
we really miss you …
PROM15E to 13ELIEVE !!!
Forever 13 + 2! Super Junior won’t be the same without Han Geng!
ooh, so hankyung is right
I don’t know what to feel, but whatever happens, let’s be positive and hope that everything will be all right
still no news up till now.. oohh i really tired of waiting.. tired of crying !!!!
I liked your article but you can utilize a couple of social sharing links I’ve seen all over the place, this way I can e-mail this particular blog post to my classmates and friends