EXO Mengakhiri Kontrak Eksklusif dengan SM Entertainment: Berjuang untuk Keadilan dalam Industri Hiburan

PurwakartaOnline.com - Kabar mengejutkan datang dari grup idola populer EXO yang terdiri dari Baekhyun, Xiumin, dan Chen. Ketiganya telah mengajukan pemberitahuan kepada SM Entertainment mengenai pengakhiran kontrak eksklusif mereka dengan perusahaan tersebut.

Dalam pernyataan resmi yang dirilis pada tanggal 1 Juni melalui perwakilan hukum mereka, Lee Jae Hak dari firma hukum LIN, Baekhyun, Xiumin, dan Chen mengumumkan bahwa mereka telah memberitahukan SM mengenai pengakhiran kontrak eksklusif yang berlaku mulai tanggal 1 Juni.

Berikut ini adalah kutipan lengkap pernyataan mereka:

1. The artists’ positions regarding their activities and SM’s refusal to provide settlement reports

1. The artists signed long-term exclusive contracts with SM for more than 12 to 13 years and have faithfully carried out entertainment activities as members of EXO.

2. During the period of long-term exclusive contracts mentioned above, the artists only believed SM’s explanation about the settlement amount and received their shares only by referring to the reports unilaterally made by SM, which had no specific and objective evidence. Regarding this, the artists have recently officially requested copies of the settlement reports and the basis for their settlement several times through the legal representative, but SM responded that they cannot provide copies of the reports in the end.

3. SM has an obligation to provide settlement reports and settlement basis including details of total income, details of expenses subject to deduction, and details of amount subject to deduction according to the existing exclusive contracts and the Popular Culture and Arts Industry Development Act. Moreover, since the above exclusive contracts state that the settlement cycle comes twice a year, the above settlement reports and settlement basis must also be provided twice a year. However, during those 12 to 13 years of the exclusive contract period, SM has not properly provided such settlement reports and settlement basis to the artists.

4. According to a judicial precedent, an exclusive contract is based on a high degree of trust. Thus, if the agency does not fulfill its obligation to provide settlement reports, the artists’ rights to review the settlement of profits and file an objection against the agency are not properly guaranteed, resulting in failure to provide settlement reports to be a reason for terminating the exclusive contract (refer to Seoul High Court order from 2019Na2034976 on January 31, 2020). Despite numerous requests made through the artists’ legal representative in the meantime, SM has failed to fulfill its obligation to provide reports, and as a result, grounds for termination of the existing exclusive contracts have arisen.

5. Although the artists earnestly requested that copies of the settlement reports be provided by May 31 through certifications of contents on several occasions, [SM] refused to provide the basis for their settlement, so it was inevitable that they have come to notify SM of the termination of the existing exclusive contracts as of June 1.

6. If SM had accurately paid the settlement to the artists, there would have been no reason why they could not provide the settlement reports and settlement basis. The fact that SM is unable to provide such settlement reports and settlement grounds is strong counter-evidence that SM did not properly pay the settlement to the artists. Thus, the artists plan to take all civil and criminal legal action including a lawsuit for settlement payment against SM in order to check the exact details of the settlement.

7. Furthermore, as in the case of the artists (Baekhyun, Xiumin, and Chen), if settlement reports and settlement basis have not been provided to other SM artists, this is not just a problem for Baekhyun, Xiumin, and Chen but a potential issue for all artists under SM.

8. In fact, it is very difficult for Baekhyun, Xiumin, and Chen to file a legal lawsuit against a large enterprise like SM, but they undertook it with the thought and courage that this is also for [clarifying] various doubts that many SM artists have.

2. Artists’ positions regarding the unjust long-term contracts and attempts to extend them further

1. The artists have signed exclusive contracts that are over 12 or 13 years with SM. This is far beyond the seven years determined by the Fair Trade Commission for the Standard Exclusive Contract Form for Entertainers, and it is unilaterally disadvantageous to the artists as it exceeds a reasonable limit at the very least.