[Theqoo] Representative of EXO's Baekhyun, Chen and Xiumin request a full investigation on other SM artists' contracts

  • EXO’s Baekhyun, Xiumin, and Chen’s legal representative announced that they filed a complaint to the Fair Trade Commission on June 4 against SM Entertainment for “abuse of superior bargaining position.”


    "SM's contracts are 7 years + 3 years overseas and when you add in military service (during which the contract is paused) the contract term is 12-13 years"


    "We requested that the commission levy strict corrective orders to SM and, furthermore, that a full investigation be made into all of SM artists’ contracts. In 2023, SM is continuing the actions that the commission had deemed as business malpractice in 2007 and 2011."


    "We hope that our courage and efforts will ensure the rights of our hoobaes (juniors) are protected and that we make a small contribution to a healthy change in the Pop industry."


    Clauses that have been previously judged improper by FTC but got violated by SM:

    • Set the start date of the contract as the date of debut of entertainment activities and not from the signing of the contract.
    • A contract period that is longer compared to the contract period of other agencies in the industry (3-5 yrs).
    • Extended contract periods for trainees for reasons such as overseas expansion (SM adds 3 more years to the initial 7 years).
    • Clauses that extend the contract by setting the contract ending as "end of the fifth anniversary of the release of the first album" or "end of the fifth anniversary of the date of appearance in a role at or above the supporting cast level".
    • Clauses that extend the contract based on the number album releases without a minimum cap on the extension.

    source: 1, 2


    Baekhyun shared his contract as evidence to show vague terms outlined in the members' contract:

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    [Theqoo] Lin Law Firm reveals that they have officially filed a complaint with Fair Trade Commission against SM and requested full investigation on SM's exclusive contracts:


    - Seriously, do a full investigation.... they are such a company full of problems.


    - Aside from not giving them the settlement details, this is also a real problem.


    - Other SM stans are shielding SM LOL Are you sure that your own artists don't have a problem.


    - This is seriously a slave contract. It's crazy.


    - I hope this is the beginning of the search for rights for SM artists. I support your act of courage.


    - They will investigate, and if there is no problem, they will say there is no problem. Why are you fans already letting yourselves be controlled by the company? With this opportunity, as fans, I think it would be good to check if other artists were harmed as well.


    - They are doing full investigation, but why are fans of other artists scrambling here? Isn't this so nice? If there's a problem, isn't it good to fix it and do it fairly for your artists?


    - This is the situation where I see the idols are victims, so why are you on SM's side?? Investigation isn't bad for the idols.


    - Eh? I'm SM's idol stan and I thought it was cool of them to stand up for this. Just imagining that they don't pay my kids properly.. And isn't this the way to make them be transparent in the future...


    - I can't believe you have problem with them talking about other artists in general. Like you guys don't think such thing happens to your idols too?


    - I'm a SM's idol stan and what's wrong with a full investigation?


    - I'm a different SM's idol stan and I want to make sure my idols don't have slave contract like this.


    - If they have no problem, full investigation is no problem, right? Even if they do it, there's nothing to harm other artists, right? Why are the fans getting angry at the investigation, but not at the company?


    - There are so many SM employees here who work without getting paid LOL


    - No, I'd like to investigate and see if my idols are harmed...


    - The comments are so weird like they didn't mention any artist name though and is there any reason to be angry at a full investigation?


    - Isn't a full investigation good for other artists?


    - What's wrong with the comments? That's why SM is still doing all this. CBX is cool! They are taking the lead!!


    - I don't understand...Isn't it good to investigate and find out that the unfair contracts of the artists are unfair? Shouldn't we be thankful? I don't know if you are a fan of SM or a fan of idols. I don't even know if it's right that you are SM fans.


    - Of course, they have to do a full investigation. My idol is from SM too, so thank you.


    - Seriously this is really like SM's gaslighting level. That's why SM has been the same all this while.


    source


    these are the positive comments, the korean websites are currently filled with hateful comments against CBX.

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    BLOOMING DAYS the 2nd mini album : Apple Music - Spotify - Deezer - Melon - FLO - Genie - Naver Vibe -

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  • Once a complaint with KFTC is logged, an investigation will happen


    Hope for a good outcome for all

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  • it's seriously a slavery for boys for sure

    that military service 'pause' is also a sting because usually they've should already get an offer of new contract after 5-6 years so then that 'pause clause' for brave soldiering in village in the middle of forest shouldn't even be there

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  • I just read comments on latest pannchoa post about CBX and sadly it looks like that SMs propaganda is working atleast on Korean side.

    May be I am not good at business but I am unable to understand how Koreans just suddenly changed their opinion on this issue or its paid comments by SM

  • I just read comments on latest pannchoa post about CBX and sadly it looks like that SMs propaganda is working atleast on Korean side.

    May be I am not good at business but I am unable to understand how Koreans just suddenly changed their opinion on this issue or its paid comments by SM

    it's been speculating that SM is controlling the comments in korea, as they respond way too fast (not enough time to read the article). and sadly most people don't make their own opinion and just follow what the upvoted comments are saying.

  • I just read comments on latest pannchoa post about CBX and sadly it looks like that SMs propaganda is working atleast on Korean side.

    May be I am not good at business but I am unable to understand how Koreans just suddenly changed their opinion on this issue or its paid comments by SM

    I don't think any decent person would be supporting SM on this, either they're paid or just company members forced to comment/side with SM

    Why would anyone be supporting slavery /stealing/blackmailing :facepalm:

    Hopefully SM will get what they fully deserve and in this day and age I don't see idols depending on Korean opinions only so CBX will be fine even if the narrative is forced against them

    I just hope CBX see the support they are getting rather than the hate SM is trying to spread, they have been awfully brave and need to continue to do so going ahead.

  • I just read comments on latest pannchoa post about CBX and sadly it looks like that SMs propaganda is working atleast on Korean side.

    May be I am not good at business but I am unable to understand how Koreans just suddenly changed their opinion on this issue or its paid comments by SM

    It is paid by Kakao/SM.

  • I hope SM will change after this. They already got a complaint back then with tvxq’s case but they managed to slip under the radar with new loopholes in the contracts


    FTC needs to be stricter this time

    SM will not change, they are going to fall.

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  • I just read comments on latest pannchoa post about CBX and sadly it looks like that SMs propaganda is working atleast on Korean side.

    May be I am not good at business but I am unable to understand how Koreans just suddenly changed their opinion on this issue or its paid comments by SM

    they're being moved by sm's employee blind (a website to review and talk about companies that required legit ID) post regarding this case, they called this case a "nuisance" using anecdotes about them being "spoiled", you know, touch other corporate slaves like us where it hurts, interpersonal favoritism and overtime work caused by "company loyalty". i'd buy it too if this tactic didn't happened everytime an entertainment company has scandal or internal problem, now i'm very cynical that that's genuine or actually a smear campaign by SM/ Kakao

  • I love it. They're standing up for all SM artists. Much love to these brave folks.

    FTC needs to be stricter this time

    This. There should be no loopholes or clever ruses enabling companies to trick artists to extend their contracts against their will, and the rule of 7 year contracts at the longest should be enforced far stricter by the Korean government than apparently has been the case.


    Hopefully CBX will win the case and also manage to open the door for other SM artists who found themselves in the same situation that they are, to push and force SM management and all other SM people involved to abandon those disgusting practices or get fined or imprisoned instead.


    And hopefully the SM artists can still enjoy the career they have and get the career paths and the justice that they deserve.

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