We—as international consumers of the Korean Wave, supporters of JYJ and citizens of the world that value justice and the rule of law—hereby condemn the official statement issued by Korean Broadcasting System (hereafter, “KBS”) on 18 May, 2011 regarding its reasons to prohibit JYJ from appearing on “Music Bank” and other such entertainment programs. We declare the statement to be factually incorrect, intentionally misleading and provoking of international disdain.
The Courts of Korea have already declared multiple times that the exclusive contract between JYJ and SM Entertainment has no effect during the duration of the lawsuit, that for reasons of social and civil security it cannot be allowed to stand, and that it shall not be invoked as a reason to hinder the careers of the members of JYJ. Since 2009, the Seoul Central District has continuously affirmed this stance, which renders KBS’ hastily modified claim that its own position has changed since February 2011 a case of obstinate blindness and self-mockery. Ultimately, any attempt by KBS to use the exclusive contract and the lawsuit between JYJ and SM Entertainment as a justification for prohibiting JYJ’s media appearances run contrary to the explicit mandate of the Court and is a mischaracterization.
At the same time, we look forward to KBS honoring its commitment to broadcast JYJ on Music Bank when the group’s new album is released.
KBS also claims that, regardless of whether or not Korean law has vindicated JYJ, the mere fact of JYJ’s involvement in legal proceedings bars the group’s appearance on Music Bank, since allowing the group’s appearances could “unfairly influence the outcome of the ongoing lawsuit”. Since it necessarily takes two sides to make a lawsuit, this logic necessarily mandates that KBS bar all appearances by any affiliates of SM Entertainment, who is the other party to this lawsuit. We look forward to KBS showing the minimum of logical consistency and barring SM Entertainment to the same degree that it bars JYJ.
KBS’ claims also are carbon copies of those made by the Korean Federation of Pop Culture and Arts Industry (KFPCAI) in October of 2010. KFPCAI, of which SM Entertainment is a prominent member, argued that to allow JYJ’s media appearances would negatively affect Korea’s cultural development and the Korean Wave. We express disappointment that KBS, a public broadcasting station, has chosen to prove itself to be complicit with KFPCAI. In doing so, KBS has demonstrated to the international public the degree of collusion in the Korean entertainment industry that is directly bringing harm to consumer protection, free and fair market competition, artists’ freedoms and Korea’s long-term cultural development.
Lastly, we urge the Government of the Republic of Korea to take action to show that its legal system has the bare minimum of force and significance. The rule of law is not simply a part of State sovereignty; the rule of law is State sovereignty. If the Government of the Republic of Korea does not take action against those who publicly and prominently violate its rule of law, any claim it makes to State sovereignty will ring hollow to the growing audience of the international public.
We continue to hope that our trust in the Government of the Republic of Korea is not misplaced.
This statement is sponsored by:
@TheJYJFiles
@JYJTurkey
@TVXQTurkey
@JYJinEurope
@3rebelangels
@JYJguardian
@JYJFamilyMalaysia
@JYJ_Philippines
@JYJUK
@JYJfamilyVN
@JYJ_Finland
@JYJ_Germany
@JYJ3official
Shared by: TheJYJFiles
The Courts of Korea have already declared multiple times that the exclusive contract between JYJ and SM Entertainment has no effect during the duration of the lawsuit, that for reasons of social and civil security it cannot be allowed to stand, and that it shall not be invoked as a reason to hinder the careers of the members of JYJ. Since 2009, the Seoul Central District has continuously affirmed this stance, which renders KBS’ hastily modified claim that its own position has changed since February 2011 a case of obstinate blindness and self-mockery. Ultimately, any attempt by KBS to use the exclusive contract and the lawsuit between JYJ and SM Entertainment as a justification for prohibiting JYJ’s media appearances run contrary to the explicit mandate of the Court and is a mischaracterization.
At the same time, we look forward to KBS honoring its commitment to broadcast JYJ on Music Bank when the group’s new album is released.
KBS also claims that, regardless of whether or not Korean law has vindicated JYJ, the mere fact of JYJ’s involvement in legal proceedings bars the group’s appearance on Music Bank, since allowing the group’s appearances could “unfairly influence the outcome of the ongoing lawsuit”. Since it necessarily takes two sides to make a lawsuit, this logic necessarily mandates that KBS bar all appearances by any affiliates of SM Entertainment, who is the other party to this lawsuit. We look forward to KBS showing the minimum of logical consistency and barring SM Entertainment to the same degree that it bars JYJ.
KBS’ claims also are carbon copies of those made by the Korean Federation of Pop Culture and Arts Industry (KFPCAI) in October of 2010. KFPCAI, of which SM Entertainment is a prominent member, argued that to allow JYJ’s media appearances would negatively affect Korea’s cultural development and the Korean Wave. We express disappointment that KBS, a public broadcasting station, has chosen to prove itself to be complicit with KFPCAI. In doing so, KBS has demonstrated to the international public the degree of collusion in the Korean entertainment industry that is directly bringing harm to consumer protection, free and fair market competition, artists’ freedoms and Korea’s long-term cultural development.
Lastly, we urge the Government of the Republic of Korea to take action to show that its legal system has the bare minimum of force and significance. The rule of law is not simply a part of State sovereignty; the rule of law is State sovereignty. If the Government of the Republic of Korea does not take action against those who publicly and prominently violate its rule of law, any claim it makes to State sovereignty will ring hollow to the growing audience of the international public.
We continue to hope that our trust in the Government of the Republic of Korea is not misplaced.
This statement is sponsored by:
@TheJYJFiles
@JYJTurkey
@TVXQTurkey
@JYJinEurope
@3rebelangels
@JYJguardian
@JYJFamilyMalaysia
@JYJ_Philippines
@JYJUK
@JYJfamilyVN
@JYJ_Finland
@JYJ_Germany
@JYJ3official
Shared by: TheJYJFiles
