jyj is the genuine representation of today and tomorrow

8/7/2019 JYJ is the Genuine Representation of Today and Tomorrow

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JYJ is the Genuine Representation of Today and Tomorrow¶s Hallyu (Korean

Wave)

By chupa**** of Daum JYJ Telzone Gallery (Jan. 29 2011)

*A message on the MBC Public Message Board when they wanted to have a broadcast. JYJ flooded MBC, requesting for JYJ to be featured.

Giant idol management companies and the associations formed to protect their interests are

playing the Hallyu card. But, the Hallyu that they speak of and defend is not the pride of the

Korean people but our shame. If Hallyu means using the d reams of the young to violate their

human rights, if that is what is necessary for Hallyu to progress, it is a disgrace to our entire

country. As an adult (Translators note: shes an auntie), how am I supposed to show my face? A

genuine Hallyu must be one that doesnt oscillate with trends even after a long time but comes

to fundamentally embody [our] culture.

You must have heard of the expression, to sell rice before the harvest (Translators note: the

English equivalent would be to put the cart before the horse). These idol management

companies are doing just that, in a way that violates laws and playing with human beings no less.

They rail about being betrayed and talk of their good graces [toward their idols], but have they

ever worked with a mindset friendly to social welfare for the realisation of dreams? Scooping up

talented children and youth then using their dreams and lives to secure corporate interests does

not count. Have you actually heard JYJs music? Before you broadcast your piece, I highly

recommend that you listen to JYJs songs.

They are the genuine alternative.

In entertainment programmes that push into the citizens faces perilously under-dressed

minors and make sick perverts of us all, I have no interest. I want to see genuine singers and

artists; I want to focus on the melody and the lyrics. Its no wonder the giant management

companies are afraid of JYJ: these three youths are talented, hard-working, sincere and never

give up in the face of difficulties. It is now time for our enter tainment industry to undergo the

same kind of change. To the Korean people, who have always overcome lifes hardships with

music and singing, GIVE US GENUINE SONGS!!!!

[JYJ] have whats needed to unite people of all ages and expand our popular music to the rest of

the world. Dont block them. I sincerely hope that broadcasting representatives have at least a

little foresight. As an adult, Im cheering on JYJ because I do not want to stand ashamed in front

of the generation that will replace us. I therefore request that you release a broadcast that is

filled with sincerity/integrity.



How did SMs Trademark t o Dong Bang Shin Ki Get

Rejected?

The problem of patenting idol group names brought up by the Kara contract termination issue

By Jeon Sojeong, patent lawyer, IP&company

January 26, 2011These days, the entertainment industry is monitoring the

unpredictable Kara incident with keen interest. At this point, both scenarios are

equally expected: that the contentious issues [between Kara and their management]

can be resolved or that the group has reached its limit. In all honesty, I have no

interest in girl groups, but as the Kara contract termination controversy gets

thicker, management company DSP Media has moved to gain exclusive trademark

rights to the name Kara. Ive never thought of this before, but it struck me that the

question of who owns the trademark rights to the names of idol groups could

become a source of big problems, and so I looked into to whom the trademark rights

of these names belong.

The application for trademark rights t o KARA 3 years af ter debut

On December 7, 2010, Karas management company DSP Media filed an application

for exclusive trademark rights to KARA, as written in English and not in Korean, for

products pertaining to: Category 9 (downloadable music files), Category 35 (albums

that include music/songs from trademark for large -scale distribution), Category 41

(concerts and exhibits, sound recordings).

Whats questionable about this action is that it came 3 years after Karas 2007 debut

and a good month before the present situation regarding [Karas] contract

termination.

It appears that until now KARAs management company had an easygoing attitude

toward trademark rights. But after experiencing increasing difficul ties with the

members and their parents, it appears the company decided to pre-empt the current

situation. However, CARA was already registered and its derivative KARA is also a

name associated with famous brands in clothing, cosmetics and even toys. S o, [DSP]



couldnt do much about that. And when this news became public, it became an even

bigger controversy.

The reason why the application t o trademark Dong Bang Shin Ki was denied

As more and more reports come in that KARA may split many people are worried

that the group will become the 2 nd Dong Bang Shin Ki. Consequently, I suddenly

became curious about whatever happened to the trademark rights related to Dong

Bang Shin Ki and decided to find out.

Choikang Changmin and U-know Yunho as a duo are continuing activities under

their old group name Dong Bang Shin Ki, and the remaining three Park Yoochun,

Kim Junsu, Kim Jaejoonghave formed a new unit JYJ and are active under that

name.

Upon researching who owns the trademark rights to name Dong Bang Shin Ki I came

across an interesting fact; from the beginning, management company SM

Entertainment didnt file an application for the Korean name for Dong Bang Shin Ki

but instead filed for the name in Chinese characters.

The time Dong Bang Shin Ki were five

Different from my expectation that the name would be registered for a variety of

products, the majority of [SMs] applications were flat-out denied and only the name

for in simplified Chinese was registered for products falling



under Category 9 (downloadable recordings, sound recordings for compact discs). I

further investigated whether there were registrations with similar trademark names,

but there werent any.

I became so curious as to why the application for

got denied that I filed aspecial document request with the Korean Patent and Trademark Office to find out

the reason. The reason for the rejection is interesting and is fully enunciated in the

first instance opinion issued by the Korean Patent and Trademark Office.

The requested trademark filed by SM Entertainment is inextricably and intrinsically

connected to famous a cappella dance and singing group members U-know Yunho,

Youngwoong Jaejoong, Micky Yoochun, Xiah Junsu and Choikang Changmin and as

such, under Trademark Act Article 7.1.6, this request cannot be accepted. End

Therefore, under Article 7.1.6 of Koreas trademark law it is not permissible to

register a trademark for names related to famous people, and it was on this basis

that [SMs] application was denied. What Dong Bang Shin Kis management company

SM Entertainment failed to recognise is that the very act on their part of filing an

application for trademark registration for Dong Bang Shin Ki underscored the fact

that Dong Bang Shin Ki and SM Ente rtainment are clearly two separate legal entities;

this is why such an ironic (from SMs perspective) opinion was issued. This

undoubtedly left SM Entertainment dumbfounded, but what could it do? The only

way to avoid possible rejection on grounds of Article 7.1.6 is to receive permission

from the famous people to whom the name is attached and submit in writing an

attestation of this permission. And so, SM Entertainment secured the agreement of

the members of Dong Bang Shin Ki and submitted it in writing to the Korean Patent

and Trademark Office. But what is this? The Korean Patent and Trademark Office

issued a second instance opinion that was identical in content to the first one.

The requested trademark filed by SM Entertainment is inextricably and intrin sically

connected to famous a cappella dance and singing group members U-know Yunho,

Youngwoong Jaejoong, Micky Yoochun, Xiah Junsu and Choikang and as such, under

Trademark Act Article 7.1.6, this request cannot be accepted. In addition, because

this request involves minors, under Patent Law Article 3, Article 5 and Article 909 of

the Civil Code, it is necessary to also obtain the permission of the minors parents

and submit it in writing. End.



Because at the time of request, the members of Dong Bang Shin Ki were minors, the

second instance opinion insisted that the permission of the members parents also

be submitted in order to preserve transparency in adhering to the law. Afterward,

for whatever reason related to the state of relations between the manag ement

company and the parents of the Dong Bang Shin Ki members, [SM] was unable tosubmit documentation attesting to the parents permission, and the final decision on

the application to the trademark rights for Dong Bang Shin Ki was a flat -out

rejection. This, supported by the same reasons mentioned above, also applies to

attempts to trademark the Dong Bang Shin Ki name to products belonging to

Category 28 (toys), Category 25 (clothing) and Category 18 (accessories).

Considering the reasons for rejection in the Dong Bang Shin Ki case, I started to

think that the KARA contract termination situation brings to light the complications

that arise when management companies have to face not only the members of theiridol groups but also their parents who express dissatisfaction at the profits

distribution scheme and other related activities.

Is it because of the parents difficulty in yielding the trademark rights to Dong Bang

Shin Ki that their management company was not able to reap the potential benefits

from the products, clothing, accessories and toys sold tagged with the groups name?

This is all just speculation on my part, but the thought of these attractive idols

jumping so early into the equally attractive world of entertainment whilst their

management company and even their parents remain largely ignorant of their stress

leaves me overwhelmed with pity.



The Fetters brought by Success to Under-modernised Enterprises

The contract they couldnt refuse as rookies becomes thorn of contention upon earning

fame.

In the current entertainment system, where earnings are not easy to come by, apartnership model based on understanding + distribution guidelines a necessity

The continuing conf licts bet ween idols and their management

Lately, conflicts between famous idol groups like Dong Bang Shin Ki, Super Junior and

Kara and their management companies over their exclusive contracts are

increasing. The emerging consensus amongst music representatives and industry

experts is that rather than blame one side or the other all efforts must be put int o

improving the industrys outdated and underdeveloped business structure.

Why reign in exclusive contracts? It is hardly breaking news that the exclusive contract

favoured by the entertainment industry is causing problems. The typical contract is a

10-year long-term contract. Additionally, several of its terms that infringe upon the

entertainers private life and human rights are also sources for problems. Another

problem is the exorbitant penalty/exit fee that entertainers would have to pay to the

management company to terminate their contracts, which essentially amounts to a tool

for coercion that companies use to bind the entertainer to the company.

However, even given these disadvantageous terms, the majority of rookies sign such

contracts without a word of complaint. Because of the fierce competition brought on by

an over-supply of rookie artists, they are unable to refuse the terms of the contract.

Then, in most cases, when these artists become famous their thoughts change. They

start asking for terms and conditions that match their level of fame. Cases where other

management companies offer better terms and lure away celebrities are also quite

common.

Why the excessive pre-debut investment? Management companies who handle the

careers of singers especially exclaim that long-term contracts, high penalty fees for

breach of contract, etc. are necessary to recover the costs invested during the pre-debut

days. According to one industry insider, When a rookie singer releases an album, the

promotion costs related to media exposure alone cost at least 100,000 USD and at most

300,000-400,000 USD. In the case of giant-size management companies, the pre-debut

investment costs are even higher. For those who plan to have their charges enter



foreign markets, they must also provide, in addition to dance and singing lessons,

foreign language lessons, which only increases the time and money needed.

The problem is, even with all the costs invested, the earnings/return are actually

hard t o

co

meb

y. Income from appearing on television shows is quite low, and themore one appears on these shows the more the costs for stylists and back dancers

increase. Album and digital download sales also dont bring in much profit. The

commercials and endorsement deals that most experienced singers rely on for profit are

not so profitable for rookies. One representative of a management company put it this

way, even if a rookie wins no.1 on a music programme, the money gained from this

doesnt amount to much, so for producers, even after 3 or 5 years, its hard to make ends

meet, and aside from the giant entertainment companies, the majority of producers

are struggling.

The radical solution? In spite of these risks and obstacles, a large number of producerscontinue to jump into the music business. Its because of the lure of daebak (explosive

success) that comes with high-risk high-returns venture enterprises. And given the

surplus of singer hopefuls, its not easy to improve outdated exclusive contracts or

business practices. The emerging consensus amongst experts is that companies

must improve their earnings distribution systems and not regard their signed

singers as simply money-making machines but rather start gradually moving

t oward a radically updated model where singers are regarded as partners.

There are also voices expressing the need to change the current music chart system that

is overly reliant on TV broadcasts and to deflate the promotion fees bubble. TV stations

mustnt simply try t o comply with the promotion plans of management companies

but seek out and give exposure t o good quality music; similarly the public must

start adopting the habit of looking for good music instead of passively accepting

whats being shown on TV shows. Digital download sites and telecommunication

firms must also improve in their earnings distribution policies, and its a given that they

must settle on a market mechanism that allows them to earn profits solely from

distributing music and not from advertisements or special events. Related government

agencies and the Fair Trade Commission must also be involved via regulatory and

oversight mechanisms to ensure that unfairness/prejudicial activity in either the digital

download market or in the content of exclusive contracts is an exception rather than the

rule.



[FanAccount] JYJ v. SM Court Hearing Jan. 18

Before I talk about todays hearing, its important to bring up the circumstances

surrounding the hearing before it opened and what was expected to happen.

At todays hearing, Yoon Seong Hui, the Chief of Finance for SM, was supposed to

stand as witness to testify about the earnings distribution and related items. What

should be noted here is that Ms. Yoon is a witness requested by our boys side. This

is because they are concluding under Article 103 of the Civil Code that their

exclusive contract is unfair in content, among other things, in the wa y the profits and

returns are distributed; in order to prove this it appears that they requested the

witness testimony of the Chief of Finance [at SM]

The purpose of having Ms. Yoon Seong Hui testify in court was to find out if the

earnings distribution as stipulated in the contract was implemented in reality; what

was the amount that SM distributed to Dong Bang Shin Ki; what were the methods

used to determine the allotted income of each member; if the earnings were clearly

announced; if there is documentary evidence relating to deducted expenses; how

much exactly was distributed to the DBSK members at the end of the calculations; if

accurate data on the costs and earnings distribution schemes were ever released

and explained to the members, etc. However, Yoon Seong Hui never showed up to

todays hearing. Ill explain in more detail below the reason why, but she wasnt

ready to answer the questions that JYJs side would have posed.

On Jan. 12, 2011, SMs legal representatives submitted a request to the court to delay

the hearing, but since this was a request made unilaterally without securing an

agreement from JYJs side and because there was no outstanding reason to postpone

the hearing, the court dismissed the request.

In the meantime, on Jan. 14, 2011, JYJ s side submitted preparatory documents, the

important points of which were

1. The Supreme Court has previously ruled that a contract similar to the one in

question in this case was invalid/null and void [Translators note: This is in

reference to the case examining the contract of Kevin Woo of UKiss]

2. The Fair Trade Commission has already issued SM a severe warning to change

the content of 13-year exclusive contracts



3. Although the injunction to suspend the effect of the contract has been accepted,

JYJ are being blocked from undergoing broadcast and media activities because

SM is using the fact that both parties are engaged in a lawsuit to unduly influence

the current situation and hinder [JYJs] activities

4.

As entertainers, JYJ already only have so much time to be active5. Currently the case has surpassed the 6-month mark and is fast approaching one

year since its beginning, yet theres still no indication of when it will finally end

In consideration of the costs and losses incurred [by the lawsuit] and in the inte rests

of conducting the remainder of the case in a smooth and easy fashion (from the

economic perspective on this lawsuit), it is necessary to issue at least an interim

verdict on the question of the exclusive contracts validity and refrain from further

delaying hearings. The documents argued fervently on this position.

After SMs request to postpone the hearing was rejected, [SM] submitted two sets of preparatory documents on Jan. 17, 2011.

The first document claimed,

That the interim judgment that JYJs side is asking for is not a practice currently

conducted in civil suit legal proceedings and as such lacks grounds to be accepted,

that decisions on the validity or invalidity of exclusive contracts must be announced

in a partial and not an interim verdict, and that in the current case nothing else can

be accepted; for all these reasons, whether through an interim verdict or a partial

verdict, the court must not decide on the validity or invalidity of the contract first.

The second document addressed,

the amount in damages that [SM] demanded at the last hearing due to the effects of

the injunction to suspend the exclusive contract, which comprises of

losses/damages from the following:

1. Damages incurred through JYJs non-appearances at already concert tours

already scheduled prior to the lawsuit,

2. The breach of contract penalty with cosmetics company Missha for which the

three were supposed to be models



3. Japans Avex and SM wanted to conclude an exclusive contract together, but JYJs

contract with C-JeS prevented that, and so the damages from the loss of that deal

must be paid.

On the claims made by SM on payment of damages, the judge didnt seek to know the

exact amount of damages incurred for each item but upon hearing SM conclude that it stood at 2,200,000,000 won, he said while he could confirm the amount for points

1. and 2. he would need additional proofs for 3. and would be requesting

supplementary evidence at a later time.

After hearing the statements from the legal representatives of both SM and JYJ, the

judge went on to say that while practically speaking there is a need to declare at

least a partial verdict on the validity or invalidity of the contract, SM is right in

saying there is insufficient legal ground for that measure; if JYJs side feels oth erwise,

the judge requested that they submit evidence or data from a legal investigation.[Translators note: I believe the judge is referring to JYJs sides claim that SM is

actively blocking JYJs entertainment activities in disregard of the courts dec ision on

the injunction to suspend the contract]

When the judge asked why the witness Yoon Seong Hui was not present to testify,

SM responded that upon looking at the data requested by JYJ they realized that there

would be a lot of questions for which the witness would not be ready to answer and

thats why she did not show up to testify.

Then [the judge] asked if the witness would be ready by the next appointed hearing

datethis is the day that Nam Seo Young, a new witness requested by SM, is

scheduled to testifyand if she would be able to testify along with Nam Seo Young,

to which SM responded, since there will be a lot of questions directed at Yoon Seong

Hui and that will drag out the lawsuit itd be difficult to cover both witnesses in the

same day

To which JYJs side replied, there arent that many questions/interrogation points

for Yoon Seong Hui, that itd be no problem conducting her testimony in half a day,

and that if necessary they would rather have her and Nam Seo Young testify in the

same day in the interests of concluding this lawsuit as quickly as possible. In the end,

the court stated it would decide on Nam Seo Youngs testimony date after hearing

Yoon Seong Hui at the next session. On the issue of calculation of damages, SM is to

prepare and hand over as quickly as possible the data requested by JYJs side.



SM then replied, with an obvious excuse, that since this is the first time

organising/compiling the inventory of data that JYJs side has requested, and

because all the data from the Japanese agency can only be obtained after

negotiations over there, it would take a very long time to secure and may not include

all the requested material if negotiations fail.

As his final word, the judge said,

as per SMs position, in the present situation th ere is insufficient ground to issue an

interim or partial judgment, but as there is a real need to swiftly conclude the

case, the lawyers of both sides are to mutually fulfill their duties in a cooperative

manner, and so the court will be giving them plenty of time; in light of this

favour, SM is expected to materialize all the data and documents necessary for and

related to the calculation of JYJs damages [from the contract] and submit it by thenext hearing upon order of the court.

The next court hearing has been set for March 15, 2011 at 2pm

Up to here was the summary of events from the court hearing. What follows is my

personal interpretation of it

1. Those who have read the above account, no matter whose fan you are or whose

fan you are not, its easy to see that SM wants to delaying the court proceedings,

but the position of the court is that the case must proceed quickly.

2. In my opinion, it would have been better for SM to use the costs, time and energy

it bears from continually delaying the court proceedings to growing and profiting

from its business insteadsuch is my wishful thinking. (I dont know if the judge

also thought of this when he said It is in both SM and JYJ s interests that this

lawsuit concludes quicklya barbed comment full of intent.)

3. Unlike other cases that have dealt with exclusive contracts, the fact that SM has

claimed/filed for monetary reparation against JYJ is worth noting. If SM had only

sought a ruling on the status of the exclusive contract, JYJs side likewise might

have only sought a ruling on the validity or invalidity of the contractessentially,

when money is involved its inevitable for the trial period to get longerall the

various documentary evidence related to expenditure from the past 6 years, of

which the majority requires the cooperation of SM to acquire

Do you think SM just randomly claimed 2,200,000,000 won from JYJ?



expressionsrather pitiableAt times like these my mother uses this apt

expression Noses strai~~~ght to the floor

4. The witness who was supposed to testify today is SMs Chief of Finance and is still

occupying that positionAlthough she is a witness requested by JYJs side, she is not

JYJs persontheres no rule that says the witness one requests needs to be on onesside its sufficient for the person to verify the information one needs verified in

court.

Thankfully, what Yoon Seong Hui was needed to testify on is more dependent on

written documentswhich most of the interrogation would have brought up

rather than on her personal experience or expertise; so even if shes not friendly

toward JYJ, since all that is needed is her testimony, it doesnt matter that shes an

SM employee. In addition, when a witness testifies in court, whether or not her

testimony is believable or not (whether or not legitimate evidence is adopted as astandard) is for the judge to decide at his discretion.

Despite being on SMs side, she most likely wont be able to lie in a way that

negatively affects JYJbecause the witness only answers to the questions prepared

by JYJs side, and even SMs cross-examining questions in response must be limitd to

the scope already set by JYJs side.

On the other hand, if an issue negative to SM comes upshell probably simply say

Its been so long ago that I dont rememberI was not in charge of that area so I

dont know

Nonetheless, since theres now a space of two months in which to prepare for JYJs

sides questions, it is my wish that on March 15, Ms. Yoon Seong Hui comes more

than ready and answers each question posed by JYJs side with extreme care and

accuracyif only

5. On the question of the validity status of the exclusive contract, the reason why the

court couldnt issue a partial or interim judgment is a very complicated matter of

Civil Suit Law that the average person will find difficult to understand, so I will try to

explain it in the simplest terms possible (to be honest, Im not sure if I will even

succeed since I myself dont fully understand.^^, The main supporting source for

what follows below comes from Professor Lee See Yoons On Civil Suit Law.) And

the reason why Im taking the time to explain this even in simple terms is because it



I believe that we can consider the ruling in this case involving our boys as more or

less decidedthe problem is the time its taking for that rulin to come

Its only if this lawsuit is quickly concluded that the cowardly and low -class

justification that isnt even a justification Because they are involved in a lawsuit itsdifficult for us to broadcast them on television can disappear

At that point we can expose the treatment of entertainers by their management

companies, which for too long has been regarded as custom, as the bac kward and

socially inappropriate relationship that it really is. From the perspective of our boys,

it is only after this conflict with their company gets resolved that they can start

relieving the uncomfortable awkwardness in their hearts.

However, even if our boys win, it doesnt mean that SM will collapse or that thestatus of broadcasting stations will fall or that they will correct their errors or that

the relationship between management companies and broadcasters will change for

the better

Rather, the ruling from this trial will have the potential to announce loud and clear,

this contract due to its social retrogression is null and void.In defying a contract

that is clearly in opposition to a just society, wouldnt such a ruling make it possible

for other entertainers who escape from giant management companies to succeed in

their media activities??

Therefore, the materialization of a just society is not the burden of our boys but a

homework for the rest of us.

These dayswe fansare working hard!~ and long!~ on that homework, right??

This is an expression of our own youth in protecting and cheering on the youth [of

JYJ]kekeke

P.S.: Those who are distributing this piece to other placesI would like you to

inform me of what those places areif you cou ld provide me a link, I would be even

more thankfulI wont have to worry about my piece being used by antis to defame

our boys, right??? I dont want them to distribute this

P.S.: On the issue of whose witness is Yoon Seong HuiI had a lot to say on this

matter so Im adding some more here



There seems to be a lot of arguing back and forth on this issue

But it is certain that Yoon Seong Hui is a witness for JYJs side

Several have searched her on the Supreme Court website

It is true that at first SM requested Kang Jeong Ah and Yoon Seong Hui as witnesses

However, JYJs side also requested Yoon Seong Hui as their witness (verbally, incourt)

So let me re-summarise what happened at the 12/7 hearing (those of you who

attended probably remember well)Kang Jeong Ah was also a witness requested by

both sides and as such was supposed to be interrogated and cross-examined by both

sides, but because this could lead to a confusion in the court records it was decided

that both sides would simply submit their questions to her to the court as

documentary evidence

Seeing as how Yoon Seong Hui has also been requested by JYJs side as a witness, for

now she is accepted as JYJs witness(this matter will become clearer at the 3/15

hearing when it will be decided which side gets to question her first).

Therefore, because Yoon Seong Hui was first requested as witness by SM, the

Supreme Court website lists her as SMs witness, but in the process of the court case

JYJs side also requested her and so she is recorded as JYJs witness

Someone who shares the same opinion as me has posted a detailed explanation on

thishttp://blog.naver.com/coconut1986/

The Supreme Court website only reflects information related to submission of

documents but not always what happens afterward in the process of the court case.

Also, when it comes to calling witnesses to testify, there are two waysby

accompaniment and by summons. In the case of accompaniment, the witness is

brought by the side that requests herin the case of a summons it is the court that

makes the request/order because for some reason the witness is difficult to bring to

court. In the present case, because SM agreed to cooperate in securing Yoon Seong

Huis testimony, it appears that SM will bring her in on accompaniment.

Whosever witness she is, Yoon Seong Huis absence is the responsibility of SM and

most likely an intentional move [by SM]

Because it seemed there was a lot of confusion on this issue, I have organised it

again here.



Dong Bang Shin Ki, KaraA Government Meeting t o

Address the Basic Rights of Idols

By ChristianToday Reporter Lee Dae Ung [email protected]

Participants include government officials, media representatives and entertainment

management representatives

In light of recurring incidents involving idols (teenage entertainers), such as those involving

Dong Bang Shin Ki and Kara, which have exposed slave contracts, the head producers of three

broadcasting stations, representatives from entertainment management companies and related

officials and representatives convened a government meeting to cooperate over the protection

of idols basic rights. Held on the morning of the 26 th at the council chamber of the Ministry of

Gender and Family in Seoul, the participants included the Minister-in-charge of youth from the

Ministry of Gender and Family Baik Hui Young, KBS chief of media contents Gil Hwan Young,

MBC chief producer Cho Joong Hyeon, , SBS chief producer Pai Cheol Ho, the representative

from Media Line Kim Chang Hwan, the representative from CAN Entertainment Kang Seung Ho,

the representative of Music Factory Kim Tae Hyeong as well as representatives from other

entertainment management companies. Officials from the Ministry of Culture, Sport and

Tourism, the Korean Communications Commission, the Fair Trade Commission and other

related agencies also participated.

November of last year, four related government agencies investigated the situation of teenage

entertainers, especially with regards to sexual health and protection as well as education, and

released a report with detailed policy recommendations on how to maintain underage

entertainers entertainment activities in a fair environment. Since then, the government has

moved on the Pop Culture and Arts Busine ss Act as well as other laws laying down regulations

and standards for the protection of teenage entertainers, and on the 3 rd of this month the Fair

Trade Commission opened investigations into the practice of inappropriate bodily exposure of

teenage entertainers and will be moving to enforce a ban on such activities through consumer-

oriented policies, an action plan and the imposition of the model contract for pop culture and

arts industries.

Minister Baik Hui Young declared, As the entertainment industry continues to accelerate, thenumber of underage entertainers are on the rise; unfortunately, accompanying problems such

as unfair exclusive contracts and [the difficulty to] guarantee of their basic rights are also on the

rise, and from now on the government and broadcasters, along with management companies,

must work together to create an environment where underage entertainers can be protected

whilst undertaking their entertainment activities. Afterwards, there was a session to discuss

difficulties and listen to current opinions.



Korea¶s Insatiable Idol Worship: A PostmodernTragicomedy

By: Jimmie of TheJYJFiles

For a country that purports to be at once the most atheistica little more than half the

population claims to believe nothingand the most monotheistfour of the worlds 10 largest

churches (by congregation) are located hereKorea sure does love its idols. Young, pretty and

dressed to the nines in flashy clothes and the ideal personality, they come in sets of four, five,

nine and even thirteen. They are capable of attracting an army of fanatical followers. Their

songs are played ad nauseam in every corner of the country. Their faces fill up the four corners

of our television sets. In fact, there is hardly a television show or radio corner that is not

dedicated to or run by some idol or other.

Is it perhaps because this nation, sandwiched all its life between two powerful empires and

constantly under threat of attack, has always needed and sought heroes? Could this be why

Koreans are so prone to making heroes and to hero worship?

And more or less, the Z eitgeist has been gracious enough to provide Korea with unexpected

heroes at exactly the right time. Kim Yushin, Lee Soonshin, the more controversial Park Junghee

and Kim Daejoong have all entered the national scene exactly when such personalities were

needed most, in spite of circumstances that should have made their existence and entrance

impossible. But now, in this day and age, even with the looming threat up North, the Korean

public has little need for those kinds of heroes, yet the insatiable desire for hero-worship

remains. And so a significant portion of the public turns to idols, investing in them all the their

hopes, dreams, ideals and expectationsessentially moulding them into surrogates of perfection.

The adoration and fervour that the public showers on idols is enough to convince anyone that

these idols are indeed immortals. It appears that many of the idols themselves believe

themselves to be immortals.

[insert ugly picture of BoA and Shindong]

Yet, the recent drama on Twitter involving Kim Junsu of JYJ and several big-name SM idols show

otherwise. What the self-righteous replies of these idolsreplies that never failed to reference

the necessity for gratefulness to the Powers-that-Beexposed is not an unquestionable

connection to the self-sustaining Divine but an inability to escape this ephemeral, No Guarantee

humanity. It is both unfortunate and amusing, much like something out of the Theatre of the

Absurd that these idols dont understand who their true Masters are. Just as the OBS producer



stated with sharp precision, the Power that idols truly owe their allegiance to is not their

management company or CEO but their fans and, through their fans, the larger Korean public.

Just as the Korean public makes heroes, it just as easily destroys them the minute said heroes

make a mistake or disappoint unstated expectations. Not even the greats, like General LeeSoonshin, have been able to escape this fate. The followers of yesterday become the

executioners of today. Offend the right expectations, dash the right fantasies, and fans turn into

antis in under an hour. Whether they are conscious of it or not, whether they want it or not,

idols are nothing more than empty vessels without a voice into which the public pours its

unattainable desires. Although the public worships them like gods, at the end of the day, idols

exist at the convenience of the public and to satiate its whims and fancies. When and if the

public finds it no longer convenient to worship a certain idol, it throws the idol away without a

moments hesitation only to replace it with a new one. At such moments, it becomes clear who is

really in control.[insert handsome pictures of Jay Park and Kim Heechul]

Several high-profile idols have objected in recent months to being referred to as slave or to

having people speculate whether or not they are under slave contracts. Departing from the

question whether or not these idols are under slave contracts (not likely, thanks to the efforts

of JYJ and their fans and the Fair Trade Commission of Korea), idols are not allowed to be free -

thinking individuals either. Just ask Jay Park. The Korean public did not hesitate to remind him,

We will love you and worship you if you be and do as we say.You are not supposed to be

anything else. If you disappoint our expectations and the moral standards set by us without

your knowledge or input, we will not hesitate to rise up against you and bury you into oblivion.

For all the adoration, fame, money, cars and houses an idol may have, his life and person are

controlled by others. In other words, the idol and idol worship in Korea is a lesson in

objectification. The projected configuration of the idol culturethe variety programmes, the

ubiquitous stage performances, the radio talk shows, special events just for them, even down to

the CD packagingcommunicate that idols are little more than objects for the publics use,

howsoever the public may decide to use them. Yes, *cough*Heechul*cough*, it is possible to buy

a house or cars or go out for drinks and still be a slave.

A slavery that appears to be anything but

It all amounts to little more than a postmodern tragicomedy, really. One Im sure the members

of JYJ are well familiar with.



I personally was not around to witness the societal reaction to the lawsuit filed by DBSK

members Hero Jaejoong, Xiah Junsu and Micky Yoochun, and I can only imagine its effects. I can

only imagine the angry red tide of fans turning into antis and flooding unrelated forums on and

offline with fabricated rumours in exercise of a mistaken right to revenge. I can only imagine the

accusations of greed, disloyalty and treachery leveled against the three by the larger public

based on standards the three have no control over. And I imagine that on some level this is why

Jaejoong, Yoochun and Junsu put up with the ridiculous terms of their unfair contract for so

longthey would rather be slaves by contract than face the consequences of declining to playthe publics slave in this postmodern tragicomedy. More than a year after the lawsuit was first

filed, the consequences of this fallout remain, even in the international fandom: Dong Bang Shin

Ki were supposed to be five immortal talents who sing and dance for us foreverthey were

supposed to laugh and smile so we too could laugh and smile and forget our troublesthey were

supposed to make us proud to be part of the worlds largest fandom and give us the ability to

boast about how perfect they are. H ow could they disappoint us like this??? Ugh! Im

leaving!!!! >.<~~~ ! The members of DBSK occupied the roles of gods of the East for so long that

even their own fans forgot, when push came to shove, that all of them are 100% flesh and blood.

For all the connotations of immortality attached to the term, the lifespan of an idol is on

average very short. After filing a lawsuit against the biggest idol factory in all of Korea and in a

way that exposed the behind-the-set stage effects that make it the Wizard of Oz, JYJ have pretty

much ensured that their own lifespan as idols were over and they would never be allowed to re -

occupy their former positions again. If they were to stay relevant in the Korean mainstream,

they would have no other choice but to become something more.



The only chance an idol anywhere has of surviving beyond his expiry date is to undergo a

legendary transformation (even if he was already considered a legend as an idol). He must

transform into and be recognised as an artist as well. It is a difficult feat anywhere in any music

industry, but in Kpop it might as well be impossible. A rare exception that comes to mind is Seo

Taijibut he started out as an artist and intentionally pulled out the minute Korean society triedto impose on him the label of idol. Furthermore, as many are aware by now, the Kpop system

and the mentality of the industrys biggest players make this transformation all the more

impossible.

But perhaps the trusty old Z eitgeist is moving again.

Slowly but surely, JYJ are emerging from behind the curtain as artists. The level of

experimentation, boldness and maturity displayed by the music in Their Rooms leaves little

room for doubt on this. The process has been anything but smooth, and along the way they have

made plenty of errors (both artistic and managerial), as several ill-advised tracks on The

Beginning attest. But thats okay. The life goal of an artist is not to embody perfection but to

bring forth a masterpiece. The artist is judged not by his ability to conform to social

expectations or standards of morality but by the expression of his art. Whereas idols are

intentionally produced and marketed to be passive reflections of society, artists have a long and

proud tradition of challenging society, pushing it to reflect upon itself. If it is th e lot of the idol to



be used, it is the prerogative of the artist to be respected. Because, even if he is brought down,

even if he goes through life penniless and unnoticed, he will go down free and with no regrets.

Now, forces that would rather that JYJ remain as idols and that find it more convenient that the

members of JYJ be remembered as idols, are trying to incite the Korean public, the real makers

and destroyers of heroes and idols, with nationalistic rhetoric. Their general strategy is tomanipulate the publics growing patriotic attachment to the Korean Wave by propagating the

following logic: The Korean Wave is at the height it is today thanks to a surge of popularity in

Kpop. Kpop is in turn able to be so popular because of the business practices and policies of big

entertainment management companies. JYJ and their lawsuit are threatening the business

practices and policies of these companies. Thus, they are threatening the Korean Wave. In

reality, this is one of the most unpatriotic arguments ever fabricated, not least because its

proponents are really out to secure their own private interests in the name of public ones. For

eons, nations have made idols, but it is Art that makes and defines the nation.

If the Korean government is serious about sustaining the Korean Wave, especially the global

appeal of the Korean music market, it will start devising policies and systems to support artists

and not simply idols. A recommended first step would be to remove all existing obstacles that

stand in the way of Korean artists producing Art that will have longevity and represent well

Korean culture. For the music industry, this would mean revoking the licenses of and effectively

dismantling shady associations that are little more than cartels, such as the Korean

Entertainment Producers Association (KEPA) and the Korean Federation of Pop Culture and

Arts Industry (KFPCAI). Thus far, these cartels have contributed nothing but nonsense and

vitriol to the debate and are seeking to manipulate the allegiance of the Korean public for their

personal gains.

But, in my opinion, the biggest assignment lies with the fans of JYJ. Very little mental strain is

required to be the fan of an idolit mostly consists of projecting ones fantasies on to a

surrogatebut to be the follower of an artist is to turn ones hab its upside-down. Just as the

members of JYJ are transforming from idols into artists, will their fans be able to make the

challenging transition from idol worshippers to artist followers? Will they be able to genuinely

respect JYJ even whilst knowing full well that these three men are simply that, men and not gods?

Spazzing is fineand psychologically necessary, of coursebut will JYJ fans be able to honestly

appreciate the value of JYJs output as much as they do the trios bodies? Will the fans be able to

supportand fight for if necessarytheir artists quest to realise that elusive masterpiece and

to claim what is their rightto die free and without regrets?

As they say at Intermission, To be continued



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lies

Th fat of i ol grou Dong Bang Shin Kiis uncert ain. The relationshi between 3 members

of Dong Bang Shin Ki (Micky Yoochun, Xiah Junsu, Youngwoong Jaejoong) and SM

Ent ert ainment has soured beyond repair. Although everyone is saying, They must not

disband, if one closely examines the currentsituation the breakup has already happened.

Even if they manage t o avoid the worst case scenario of a disbandment , their separation

with SM is a given in the current mood.

On the third, insiders close t o the three members of Dong Bang Shin Ki revealed that they

(Dong Bang Shin Ki) already att empt ed many times t o negotiat e with SM. However, neither

side could come t o an agreement and so the reason why it has reached the level of the

courts is because they couldnt f ind common ground. At this st age, f urt her dialogue is

meaningless, according t o these evaluations.

The insiders that we met are those closest t o Dong Bang Shin Ki on the level of

acquaint ances. These are people whove known [the Dong Bang Shin Ki members f rom

before their debut and have gonethrough thick and thin with them. According t o them, the

position of Dong Bang Shin Ki is single-minded and simple. Alleviat e the burdens of the

unequal exclusive contract . However, inst ead of addressing this core issue, the dialogue

between the two parties ran in parallels that never approached agreement . They (the three

DBSK members) request ed that the length of the contract and the earnings distribution

scheme be changed. Because anyone could see the t erms were irrational, and they tried



until they could t o solve all problems through dialogue. However, they got the clear

impression that SM was trying t o avoid it . In the end, both sides only grat ed on the others

nerves. Now, the three members are feeling great er anger at SMs response.

The t ruth behind 3 of S&

'

s dist ort ions

In truth, af t er this controversy broke out , SM issued two press st at ements on the 1st and 3rd,

respectively. On the f irst day of the heat ed controversy, [SM said], we will try our best t o

resolve this issue which was caused by a cosmetics business as their off icial position, and

the day that the t erms of the contract became the focus of att ention, they responded, but

we gave them 11 million USD in cash and foreign sports cars as gif ts.

On this, the insiders t old us, the core issue of this case is the unfair contract not cosmetics.

And yet , SM is not even bothering t o address the t erms of this irrationally unfair contract

but inst ead are manipulating the media t o make it seem like the cosmetics business is the

reason why this controversy arose, in ref uting [SMs position].

Then, they focused on the 11 million USD cash amount . They said, According t o SM, [DBSK

members] received 11 million USD over six years. But this amount is pre-t ax prof it . If we

calculat e the amount received af t er t ax deductions and then divide among f ive, the amount

they received over six years comes out t o be barely 200,000 USD per person per year,

adding that in the latt er half of this year Dong Bang Shin Ki earned 2.5 billion yen (33

million USD) in album sales. However, Dong Bang Shin Ki was working for 200,000 USD per

year.

To give an illustration, Dong Bang Shin Kithus far has released 48 albums. Of those, the

ones released only in Korea, including singles, sold 1,960,000 units. In Japan, they released



4 full-length albums as well as 27 singles, of which 8 sold 100,000 units and 1 sold 250,000

units. If one includes sales from Southeast Asia, the number of albums sold goes up to at

least 4 million. [The insiders] pointed out the absurd methods of calculation. They said, SM

arbitrarily removed fees for back-dancers and even meals. It appears overhead costs were

paid for using Dong Bang Shin Kis share [of earnings], and added, even in Japan, severallocal subsidiary companies were used so that Dong Bang Shin Kis earnings were further

depleted. For example, Avex shared the earnings with SM Japan, and then again with SM

Korea. In the complicated distribution structure, Dong Bang Shin Kis share could only

shrink further.

They also revealed that the company did indeed give foreign cars as gifts. They said, After

[DBSK] received an award at a music awards show, SM gave [DBSK] cars as gifts. However,

the cars are ultimately the property of SM. Dong Bang Shin Ki does not own them,

clarifying the parameters of the gifts.

Currently the 3 are f ed up and exhausted

According to the insiders, the three members of Dong Bang Shin Ki are fed up with SMs

manipulation of the media. They no longer have any desire to talk to a company that takes

the truth and distorts it; their hearts have been sufficiently scarred by disappointment of

the companys comportments.

The three predicted that SM would use the media to a certain extent but not that it would

fall to the level of distorting facts. The more it continues in this fashion, the more they find it

unreasonable to continue working together. It would be preferable to eventually separate

with SM and go a different road.

Obviously a separation with SM does not necessarily signify the disbandment of Dong Bang

Shin Ki. At the moment, the insiders are confident that there is no discord between the

members. They are getting along well as a family, and they plan hereafter, under whatever

circumstances, to continue activities together; on this point they all agree.

At the same time, an insider revealed, In truth, in the beginning the five all moved with one

mind, together. However, in the process of discussing with one another the other two

started showing slight differences of opinion. Because of this, in the end only the three

followed through on the decision to fight the company, in spite of the fact that all [five] of

them agree that the terms of the contract are irrational. Its just that their preferred

methods of dealing with this were different.



(

)

en af ter separat ing with S0

, well cont inue with Dong Bang Shin Ki

Right now, the resolve of Micky Yoochun, Xiah Junsu and Youngwoong Jaejoong is stronger

than ever. According t o the insiders, they are showing a stronger resolve than even before

they debut ed. No matt er what diff icult y or animosit y they meet , the three are absolut ely

det ermined t o pull t ogether and push through.

They are also just as det ermined t o reunit e as f ive under the name Dong Bang Shin Ki. They

said, Even if the three end up permanent ly leaving their management company through

this lawsuit , this just means they are parting ways with SM not that Dong Bang Shin Ki is

disbanded, and so whether the other two follow them out on a lat er dat e or whether they

each end up in different management companies, the [three members] want t o continue

working as f ive as the group Dong Bang Shin Ki.

If that is case, can the three members who lef t use the name Dong Bang Shin Ki for

themselves? Upon investigating, we found out that Dong Bang Shin Ki as a group name is

not trademarked or pat ent ed. In 2004, SM submitt ed an application t o have the name

trademarked but was denied. To repeat , SM has no rights t o the t eam name Dong Bang Shin

Ki. According t o Hwang Seong Pil, pat ent lawyer at the Off ice of Pat ent Law, The t erm

Dong Bang signif ies the East and so is not a unique enough t erm t o merit an exclusive use

[through trademark]. This is probably why the Pat ent Off ice reject ed the application, and

SM current ly cant claim an exclusive trademark. There is no problem with the f ive

members using the name Dong Bang Shin Ki, regardless of SMs position on the matt er.

At the present moment , what Dong Bang Shin Ki feels more than anything is apologetic

t oward their fans. It s because they want ed t o complet e all their scheduled appearances as

promised. The insiders revealed, if they lose the lawsuit they might have t o pay an

incredibly high contract cancellation fee. However, they are f inding it harder t o handle the

inevit able separation f rom their fans during the lawsuit , communicating also their (the

insiders) regret with regards t o this situation.



The Eighth Cardinal Sin = Breaking up aBoyband

Introduction

Ever since the beginning of the lawsuit, and perhaps before as well, SM Entertainment has

insisted that the sole reason Dong Bang Shin Ki members Kim Jaejoong, Kim Junsu and Park

Yoochun were suing the company was because of their involvement, in the capacity of investors,

in an obscure cosmetics company. The three members filed a lawsuit, SM claimed, in order to

pursue their greed for wealth hand-in-hand with this cosmetics company. As readers are by

now aware, not long after, all sorts of rumours elaborating on, and catering to, SMs

interpretation of events has spread through the Internet in a manner a speck too organised for

it to have been mere coincidence. A group of anti-JYJ fans who came to be known collectively as

the Hotel Girls forcefully insisted that these rumours were facts by also providing photos,

video-clips, links to websites (that look like theyve been put together after a lark in the park

and a night class in web-design at the local community college) and other evidence allegedly

corroborating their claims. By now we all know where that ended up in the case of Koreait

involved a lot of kow-towing, officially recorded confessions and blubbering apologies on the

part of at least 15 Hotel Girls.

The purpose of this article and those that follow is not to definitively dispel nor confirm these

factsor labour through separating fact from fictionabout the cosmetics business and JYJs

involvement in the business. There are better sites and Internet platforms run by more

experienced and knowledgeable people doing just that. In any case, what I find more disturbing

is the discourse that buttresses the facts, or rather distortions and fabrications thereof,

championed by the Hotel Girls. Hence, the purpose of these articles, of which this is the first part,

is to expose this discourse in the hopes of neutralising its poisonous effects.

The Blame GameAlso a 9:1 Ratio

As similar conflicts around the world between management companies and their contracted

artists have shown[i], there are usually a variety of reasons that bring singers to abandon their

management: breakdown in mutual trust, lack of transparency in profit distributions, unequal

assignment of rights and responsibilities between the parties, misunderstanding of contract

terms, etc. Usually, its not unreasonable to say that both sides can be held culpable for the

deterioration of the relationship. However, in the case of JYJ and SM, the cosmetics discourse

would have us believe that all the blame must be laid on the members of JYJ and little, if any at

all, can be accounted to SM.

The reasoning goes something like this: The cosmetics business was the reason for the breakup

of Dong Bang Shin Ki. The members of JYJ were involved in the cosmetics business. Therefore,



JYJ necessarily caused the breakup of Dong Bang Shin Ki, for which they must take full

responsibility.

Not only is this faulty logic, falling into the elementary error of mistaking correlation for cause-

and-effect, the argument itself comes across as so shallow and immature that itswellcosmetic. Yet, it is a central idea in the discourse, because it is ins trumental in

sweeping all the blame on to the members of JYJ for splitting up Dong Bang Shin Ki so that none

goes to SM Entertainment or its shady business practices. Once thats done, its much easier to

dress the trio up as criminals and place a bulls e ye on their chests for target practice by public

opinion. The cosmetics company itself, unfortunately for Crebeau and its employees, merely

serves as an excusea vehicleto actualise the real motive, which is the destruction of JYJ.

Of course, the breakup of one of the most beloved bands in Asia is no laughing matter. It has

caused each member of the band no small amount of unhealthy emotions. Their fans, who haveinvested all kinds of emotions and affections of their own into the group, would have also hav e

gone through enormous stress due to the split. Its only natural given the level of attachment

that long-time fans of the original Dong Bang Shin Ki have to their idols. But the histrionic

hysteria and attacks against the three that this discourse was designed to inspire and does

inspire are enough to convince anyone that Jaejoong, Yoochun and Junsu have committed an

unspeakable sin against humanity.

This author handles cases dealing with refugees and human trafficking; this author has

colleagues whove counselled gang rape victims in the Democratic Republic of the Congo. Thus,

the slightest notion even, that the members of JYJ deserve a place further up front in the line to

hellpast the human traffickers, rapists, genocide instigators or even writers of unfair

contracts and shady accountantsfor causing the breakup of an idol group is so ridiculous that

it makes any sane person wonder whatever was the point of education or the evolution of the

human noggin.

But perhaps these analogies are too much for the sensitivities of those who have not seen this

side of reality. Very welllet us dilute the focus down to our provincial and immediate

contextlawsuit, allegations of unfair contract, allegations of greed via cosmetic company,

breakup of a world-class group. Even so, the discourse f rames the breakup of aboyband as a

crime. More specif ically, the crimeof breaking up a boybandandone at the peak of its

popularity no lessis portrayed as being more off ensive than the f act that its members

were suff ering f rom indignities brought upon themby a contract and relatedbusiness

practices so antagonistic t o principles of universal social progress that they endanger



South K oreas international commitments. At face value, this position is too absurd for most

decent and clear-thinking people to accept. However, the discourse is able to sell this claim

through a rather clever embellishment in its argumentation.

Brand > Human Being

In practically all SM-approved statements issued to the public that point to the cosmeticsbusiness as the culprit for the lawsuit, there is an emphasis on Dong Bang Shin Kis brand. In

other words, the cosmetics discourse appeals to the brand value of Dong Bang Shin Ki,

promoting the idea that the brand must not be compromised, even if t he integrity and rights of

the individuals who give it any meaning are compromised on a daily basis. This obsession to

preserve the brand or image of Dong Bang Shin Ki at the expense of the individuals that

comprise it is rather ironic, given that SM owns neither the brand nor the individuals that give it

significance.[ii] Legal research conducted by Korean Dong Bang Shin Ki fans further reveals that

by Korean law, SM Entertainment is not even allowed to patent or brand the stage names of

the five members[iii]. Consequently, whatever claim or decision SM wants to make using thisbrand argument is always going to amount to a non sequitur.

Furthermore, the discourse elevates the protection of the Dong Bang Shin Ki brand as

something noble and on a morally higher plane than the actions of the JYJ members, who are

caricatured as greedy, money-hungry and selfish for their investments in a cosmetics company.

Yet, in reality, this line of reasoning, which abuses peoples emotional attachment to a national

brand, veils a nefarious double standard. It is essentially saying that the greed for wealth

through personal investment should be condemned to the bottom of Dantes Inferno, but the

greed for the honour of being the top Korean national brand makes one a saint. However, in

reality, the logical processes of both overlap since both operate on and promote the same self-

centred value system. SM itself is well aware of this. SM Entertainment personally invested

(what many suspect is not theirs to invest [iv]) in building the Dong Bang Shin Ki brand so that it

could make moneyi.e., satisfy a greed for wealthwith the rising value of that

brand. Eff ectively, the promotion and protection of abrand and the pursuit for personal

wealth are part and parcel of the same rationalewith the sameobjectiveof benef itting

the self . And yet, the cosmetics discourse would like t omake us all think that one has the

higher moral groundover the other, so that thosewhovebought int o the discourse and

f eel like theyvebeen robbed of a plaything through Dong Bang Shin Kis split can claim a

righteous anger that is in f act a self -centred tantrum.

I Dumb, You Dumb, We all Da-Da-Da-Dumb

As such, the discourse is designed to appeal to those still stuck at stage one or two of Kohlbergs

Six Stages of Moral Development [v] as well as those who are susceptible to stage one and two

type thinking because of the emotional stress from seeing their favourite group split. In his

seminal 1958 dissertation, The Development of Modes of Thinking and Choices in Years 10 to



16[vi], world-renowned psychologist Lawrence Kohlberg posits that the moral development of

human beings has six identifiable stages, with each stage representing a more advanced degree

of moral reasoning and ethical behaviour than the preceding stage. Stages one and two, often

referred to as the pre-conventional level of moral reasoning are characterised by egocentrism,

a lack of recognition that others points of view are different from ones own [vii], and self-interest. The moral reasoning of stage one takes an action as being morally wrong if it is met

with punishment or persecutionJYJ are getting blocked and shunned by the major TV

channels and music shows? Well, they deserve it for filing the lawsuit and that of stage two

defines a behaviour as right if it aligns with ones personal interests and brings personal

benefits.

The cosmetics discourse pushed by representatives of SM thus criminalises the breaking up of a

boyband because it is only when that boyband is together and under SMs full control that SM is

able to satisfy its self-interest. The Hotel Girls champion the cosmetics discourse because,

whether they are conscious of it or not, Dong Bang Shin Ki was nothing more to them than avehicle to satisfy personal interests or emotional needs; the split of the group brought about by

the lawsuit has made these people feel robbed and somehow wronged, and the cosmetics

discourse allows them to vent their angst without looking like the psychologically and morally

underdeveloped subjects that they are. Regardless of the embellishments provided by facts,

the concept of brand value or morally indignant accusations against the members of JYJ or

Crebeau, the central idea of the cosmetics discoursethe crime brought up by the lawsuit is not

the unfair contract but the breaking up of a boybandcorresponds to the intellectual and moral

capacity of a 10-year old.

But what if it wasnt JYJs involvement in the cosmeticsbusiness that brought about the

current split? What if it doesnt make sense, either legally nor logically, that in

21st century K orea (or in any developed modern democracywith relatively transparent

and stable f inancial institutions and laws), a small-t o-medium-sized cosmeticsbusiness,

no matter how shady, could cause the breakup of an idol group?

jyj is the genuine representation of today and tomorrow

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