EXO’s Byun Baekhyun, Kim Min-Seok (A.K.A. Xiumin), and Kim Jong-Dae (A.K.A. Chen) have released another statement through their legal representative, countering SM Entertainment’s recent claims. The three members, who previously announced the termination of their contracts with the agency, filed a complaint with the Fair Trade Commission (FTC) on June 4. They have accused SM Entertainment of “abuse of superior bargaining position.” In response, SM Entertainment issued a separate statement. This has prompted the legal representative to release a detailed statement refuting the agency’s claims.
Lawyer Lee Jae Hak of the law firm LIN, representing Baekhyun, Xiumin, and Chen, provided a comprehensive response to SM Entertainment’s statement, reported MKSports. The statement addressed multiple issues raised by the agency. The statement started with the case of former EXO member Huang Zitao (A.K.A. Tao). SM Entertainment claimed that previous judgments by the FTC and corrective orders against the agency are invalid due to Tao’s situation. However, the legal representative argued that Tao’s case was different. This is because he was a Chinese trainee expected to be promoted overseas, unlike the Korean members.
The statement highlighted how Baekhyun, Xiumin, and Chen were made to sign an annexe agreement that extended their exclusive contracts by three years. This was in the absence of their overseas promotions begin confirmed at the time of signing. This practice contradicted the FTC’s previous corrective order against SM Entertainment.
The statement further emphasised that SM Entertainment continued to extend the exclusive contract period through annexe agreements, despite the earlier corrective order. “As this fails to comply with the corrective measures of Article 49, Paragraph 1 under Article 125, Paragraph 1 of the Monopoly Regulation and Fair Trade Act, this is a criminal act that must receive a punishment of imprisonment for up to two years or a fine of up to 150 million won [approximately $115,100],” read the statement.
Addressing another point raised by SM Entertainment, the statement reveals that Baekhyun, Xiumin, and Chen have yet to receive settlement reports. It comes in light of the agency’s claim to have already provided them. The legal representative stated that SM Entertainment has failed to fulfil this basic right of the artists. They went on to express disappointment with the agency’s refusal to acknowledge the importance of seeking professional assistance in reviewing the settlement reports.
The statement also shed light on the artists’ experiences during the contract renewal process. It described a lack of cooperation from SM Entertainment. The agency showed no willingness to address the members’ concerns. The statement read, “Although we thought it was unfair, the reason we had no choice but to seal [the contract] was because there was consistent appeasement and the creation of an atmosphere that was hard to turn down. We’ve been told that if an individual does not renew their contract, the remaining members or the entire team could be at a disadvantage.”
The statement further discussed the artists’ dissatisfaction with the lack of explanation from SM Entertainment regarding significant changes within the company and the infringement of artists’ revenue over the years. It highlighted the need for transparency and understanding of past events before moving forward.
Lastly, the statement addressed EXO’s fans, assuring them that the artists prioritise their loyalty to the group and will not betray their fellow members. It emphasised the importance of fairness and calls for support from fans and the public in evaluating the artists’ actions.
As the dispute between the artists and the agency continues, EXO-Ls eagerly await further developments and hope for a fair resolution.
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