[TRANS] A Demand Letter from JYJ Japanese fans to Avex (Revised)
26 APR 2011
Currently, the Petition is for the Japanese fans only but may be opened up to international fans later. The petition site can be found here and you can view the full petition here in Japanese. The petition started today and will last until 5/31.
A Demand Letter from JYJ Japanese fans to Avex
We, Japanese fans of Jejung, Yuchun, Junsu (hereafter, JYJ) hereby make the following demands of JYJ’s current management company, Avex.
In September 2010, with sudden announcement from your company, JYJ’s activities were suspended, and the opportunity to listen to JYJ sing was deprived from us JYJ fans. Since then, JYJ’s activities in Japan have remained suspended till this day. During this entire time, we have kept waiting for the resumption of JYJ’s Japanese activities, and have continued to send such demands to your company, but even now have not received an acceptable explanation for the suspension of their activities.
Moreover, on the matter of the earthquake relief charity event that JYJ is to hold, the representative of the venue where the event was going to be held has recently made an announcement citing contract problem with your company as a reason that has cast doubt on the materialization of the event as planned.
This event represents JYJ’s well-wishing for Japan after many years of doing activities here, and is a charity event they are to voluntarily come to Japan to conduct, as a segment of their effort expressed immediately after the earthquake to support the disaster-stricken areas. To prevent even an event purposed to revive (Japan) from happening, during a time when we as a nation need every possible effort to recover from the aftermath of this unprecedented earthquake, is an action that we feel is very questionable.
We hope for the prompt resumption of JYJ’s music activities, and hereby make demands of your company in regards to the following points.
1. C-JeS is a business entity officially registered in Korea in December 2009, its size and organization composition can be viewed by anyone on the company registry. Furthermore, your company’s Vice President has, on his Twitter, revealed his close relationship with the representative of C-JeS. Thusly your company’s assertion that you did not know about the past of C-JeS’s representative before signing the contract is entirely unconvincing.
If (despite the foregoing) your company still insists that you did not know about the past of C-JeS’s representative, and uses such as a reason to suspend the contract, then was it not a neglect of duty on your company’s part as a public listed company to do due diligence on your business partner before the fact?
2. In Korea, JYJ has been appointed to promote the G20 Summit, to promote the Overseas Korean Trader Association as honorary ambassadors, and to promote other internationally recognized Korean enterprises. Their entertainment activities have not been hampered by the fact that C-JeS is their management company.
To use a reason that did not cause any problem in (JYJ’s) home country, that the representative of C-JeS has himself denied, and to give the Japanese society false and negative impression of JYJ, we find your ground (that the reason was based on) to be very questionable.
3. When JYJ began their Japanese activities in April 2010, the problem regarding the affirmation of the three’s exclusive contract with SM was already resolved by the October 2009 court decision. Consequently, the reason your company used to suspend JYJ’s activities, “Depending on the progress of the exclusive contract affirmation lawsuit between JYJ’s three members and SM, there is a possibility that their exclusive contract with our company may become invalid” (quote from Avex’s official statement) has been rendered a non-issue.
Rather, it (the contract issue) was a problem that your company needed to resolve, as your company signed exclusive contract with JYJ while the contract signed (by Avex) with SM as Tohoshinki remained in effect, we feel your logic to make the issue a problem with JYJ is very questionable.
4. When your company, in spite of the aforementioned circumstances, used corporate compliance as a reason that your company would no longer provide management services to the three, it meant that the contract could no longer be maintained as per normal. To restrain the three with the contract while not letting them to engage in entertainment activities, we must say is very socially unjust behavior. We find it very hard to understand that in spite of the fact that both JYJ and their fans desire for (JYJ’s) Japanese activities, such a condition (the suspension of activities) has continued for as long as 8 months.
5. Moreover your company, while suspending (JYJ’s) activities in such a manner, continue to sell JYJ’s music CDs, DVDs among other products. What is more, these products were what Oricon addressed in their explanatory note as “products that were determined by your company prior to their sales to not be reflected on the Oricon ranking chart.” Notwithstanding the fact that those products were subject to such extremely unusual measures, with no advance notice given, (the action by Avex to disallow sales results of those products to be reflected on Oricon ranking chart) disappointed fans who despite feeling it’s questionable to sell (JYJ’s) products during their activity suspension, bought the products in an effort to support JYJ, and also made JYJ miss the opportunity to show their high popularity to the general public.
In April 2010, when the announcement to halt Tohoshinki activities was made, your company has declared, that “Our company intends to continue fully supporting respectively these five individuals, who are extraordinarily talented young people with a future”.
Yet for us fans who have devotedly waited for JYJ’s return since last September, we have already been deprived the chance to be close to JYJ’s music for 8 months, while your company has in effect relinquished the management of the three.
We as consumers and fans, seek (your company’s) explanation for this inconsistent situation. If there is no possibility of improvement of the current situation, (we ask you to) please as soon as possible resolve the contract problem (work out the validity or invalidity of your contract with the three), and return JYJ to their supporting fans.
We wish for the three young people with extraordinary talent, Jejung, Yuchun, and Junsu to be granted freedom to embark on a new journey of music activities, for us fans to be able to freely enjoy their music.
Note: we have not consulted Cjes or JYJ’s three members prior to writing this demand letter, the letter is presented by the Japanese fans who volunteered to participate. We ask for your understanding of this fact.
April 19, 2011
JYJ’s Japanese Fans