EXO's Baekhyun, Xiumin, and Chen Initiate Legal Action Against SM Entertainment, Citing Unfair Settlement and Contract
Baekhyun, Xiumin, and Chen of the South Korean boy band EXO, have announced that they are undertaking legal action against their agency, SM Entertainment.
On June 1 (KST), attorney Lee Jae-hak of law firm Lin, representing the artists, issued an official statement stating, "We wish to articulate the artists' position on the exclusive contract between the artists and SM Entertainment."
He stated, "The artists, through their legal representatives, have sent certified letters to SM Entertainment seven times from March 21 until recently, repeatedly requesting a transparent account statement and a copy of the settlement basis. However, SM Entertainment has unjustly maintained the position of being unable to provide a copy of the documents."
He went on to explain that although there is an obligation to provide a settlement statement and basis under exclusive contract and under the law for the development of the popular culture and arts industry, "In the 12 or 13 years of the exclusive contract period, it has never been properly provided. According to precedent, not providing a settlement statement is a reason for terminating an exclusive contract. Despite our earnest request for a copy of the settlement data by May 31, we had no choice but to notify SM on June 1 that we are terminating the existing exclusive contract due to the failure to provide the settlement basis."
He also warned that "If SM had accurately paid the settlement money to the artists, there would be absolutely no reason not to provide the settlement statement and basis," and informed that they are planning to "take all civil and criminal legal measures, including a lawsuit to examine the accurate settlement details against SM."
The attorney further claimed that SM forced the artists into unfair 'slave contracts'. "The existing artists have signed exclusive contracts with SM that span over 12 to 13 years. If we count the extension period, SM has already received a decision in the TVXQ case that there is a considerable possibility that all or part of the contract is null and void, or the effect has expired due to the lapse of a reasonable duration."
He also revealed that "SM made the artists sign exclusive contracts that extend for 7 years based on the debut date, and if they are active overseas, extend for an additional 3 years. Considering the time it takes to sign an exclusive contract and debut, which can take several months to a few years, and especially since Xiumin and Chen had planned to focus on activities in China from the start, the exclusive contract that extends for an additional 3 years in case of overseas activities has forced them into long-term contracts of more than 10 years based on the date of the exclusive contract."
Furthermore, he asserted that "SM is trying to claim a contract period of at least 17 or 18 years by having the artists seal subsequent exclusive contracts. This is an unfair tyranny. Regarding this long-term existing exclusive contract and the signing of subsequent exclusive contracts, Baekhyun, Xiumin, and Chen are seriously considering filing a complaint with the Fair Trade Commission."
Finally, he expressed his regrets to the fans and stated, "Many SM artists are believed to be in a similar situation. Although it is very difficult to bring a legal lawsuit against a large corporation like SM, we started with the mind and courage to represent the doubts of many SM artists. We will do our best to find a wise solution to resolve the dispute so that the fans do not worry too much."
Baekhyun, Xiumin, and Chen, also appealed for support through their legal representative, saying, "We are very scared and afraid at this moment, as we finally raise our small voices about the injustices we could not express before. We hope you will pay attention to our words and our difficult courage."
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