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These are 6 unfair things from Hankyung's exclusive contract with SM which are stated by Hankyung's side (not sure from his lawyer or his representative)
1. The contract has many provisiosn which are in SM's favor. When the first contract was signed (January 2003) Hankyung was 18 then (underage) and being a Chinese person, he didnt know everything about Korean showbiz so SM had given him a contract with the content that SM suggested.
Not only that, but those side agreements with SM after then (on Febuary 2007 and December 2007) also were only from SM (aka Hankyung didnt have chance to suggest the provisions which are in his favor)
2. The period of the exclusive contract is 13 years is too long. The first contract was signed stated that it will be ended 10 years after Super Junior's 1st album but it has been extended to 13 years on the 2nd modified time. Super Junior's 1st album was released in December 2005 so the contract will be ended in December 2018 and Hankyung will be 35 then.
Moreover, if Hankyung gives up some activities because of his health or study, the contract's period will be extended according to the situation so it might be 13 years on the paper but it could be longer in real life and this violated seriously to Hankyung's civil right.
3. There is clause stated that Hankyung will have to pay SM a lot for breaking contract or creating damages toward the contract, thus this prevents Hankyung to cancel the contract or some agreements on the contract. If Hankyung wants to move to another company and continue his activities, he will have to pay SM threefold of the money that SM had invested to him and pay twofold for the loss of the remain time of his contract.
4. The amount between Hankyung's rights and responsibilities that stated in the contract are not the same. Hankyung has to follow and attend all the schedule that SM give him, has to do/follow all SM's orders/intrustions unconditionally but he doesnt have right to request his contract to be revised.
5. SM has forced Hankyung to do some activities that against his will.
At the training time, if Hankyung was late or absent or didnt fulfill his duty he would be fined 10,000won for the 1st time, 20,000won for the 2nd time. After debut, if he was late or absent from his schedule, he would have to pay for all the damage, if he cut the contact with SM more than 1 day according to the situation SM can cancel his contract. And if he doesnt fulfill his duty, according to the situation he could be fined 5,000,000won.
According to the contract, Hankyung doesnt have any right to decide for his schedule, he has to follow SM's words and only attend the events/performances that SM's manager designed for him. Hankyung even had been forced to attend some activities because of SM's order when he was ill.
6. The profit distribution and copyrights between SM and Hankyung.
During the contract period, all the copyright of albums and song will belong to SM. Although Hankyung wrote, composed, arranged the songs, they can be used by SM without his permission.
About the profit, the album has to be sold more than 50,000 pieces so that Hankyung can receive 2% the profit. The digital sales has to be equal with the net profit so Hankyung can get 10% and the oversea income has to be equal with the net profit too so Hankyung can get 60%.
About the oversea activities income, after SM deduct all the promotion activities's expenses & fees, the remain money will be divided among the members.
Source: 스타뉴스
translated by evanesco@sj-world.net
PLEASE TAKE OUT WITH FULL CREDITS
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