Monstiez stand with NJZ

Honestly this whole situation is so interesting for a jurist like me

Cuz on a law point of view and based on the evidence that both sides show and we're aware of, and if the judges rely only on law, i would say Hybe would win this case

But on other side, Newjeans is such a big group, and international and koreans had their eyes on this legal battle for a year now

Which could lead the judge to take a judgment on the merits which could lead to a judicial activism .

Basically for people who don't know these terms, it refer to legal decision where the judge go further than his power to interpret the law

And take the role of a "law maker"

By taking a decision that take in consideration more than just the law, for example society, equity etc... And by this decision the judge are basically saying " we as judges consider this law flaw and urge the government to make a more update law which go in the same way than our decision"

So the ending of this legal battle could be really interesting

Quote from bartkun

SooYoung

the thing here is that nothing stops them from working

it's their own decision to not doing work under HYBE, aka ADOR new director etc.

it would be different if HYBE said "you can't work" and put them on 2 year long hiatus...

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Actually the real debate it's to know if the act of HYBE are enough to show a breach of trust

And also this debate implied to also talk about if NJ acts were respectful of the contractual relationship between both sides

Like i said i personally find the case pretty weak

And decide that it's a breach of trust could lead to this notion being use too lightly in other case which could lead to a big lack of legal incertity

Cuz it would greatly increase the number of "breach of trust" cases for pretty much everything that the injured party would consider as breach of trust

So the judges will have to give a "definition" of breach of trust

So it can still be use as an argument in a legal battle without making this notion to wide where a lot of cases would bring the breach of trust

That's why i said on a pure legal point of view i would think that the judge will rule in favor of HYBE to make of the breach of trust, a contractual notion that would be use in legal only in the most extreme situation

But the judge could also rule in favor of NJ, in a more judicial activism point of view

In a way to say to the government " look we ruled like this even if the law would have push her to rule another way, but by this decision we are showing you that it's time for you to adopt new laws who would give more freedom to idol to break their contract"

That's why to me it'll be a really interesting to see how this legal dispute ends