In the last 24 hours, Koreaboo has reported 3 EXO-related stories that were obviously biased and out for blood. I have always been rational and fair when stating my opinions in the comment threads, however it seems they have now banned me from their facebook page. EXO-L’s should be furious with them after the kind of slander they’ve been throwing around today and in general.
2. They reported that Sehun was in a drunk driving accident with his “girlfriend” earlier in July. The only “evidence” of this is a blurry, dark-ass video that a random girl posted on instagram. There is no evidence the man in the video was drunk, there was no evidence that the girl who was with him was his girlfriend, and most importantly, NO EVIDENCE THAT IT WAS SEHUN AT ALL. The guy in the video never speaks and never shows his face. The only thing you can see is a shadowy figure of a slim guy with a dark bowl cut. Which may look sort of like Sehun, but it also looks like half of freaking male population in Korea in general.
3. Finally, they reported that Chanyeol made a “vulgar” hand gesture by using a still photo from a video. We have no idea if the hand gesture is actually as vulgar as they claim seeing as how it’s “only used in Korea” and we also don’t know what he was actually doing since it’s a still shot. Even if he was actually doing this hand gesture, how do we know he wasn’t doing it as a joke to another member? Finally, why does it matter? Are we going to tear apart every idol that flips up the middle finger now, too?
I made a statement on the Chanyeol post that Koreaboo was really harsh towards EXO lately and none of their reporting was based on fact, and they not only deleted my comment, but banned me from posting at all. They’re the shadiest kpop news source out there, are clearly anti-EXO, and more fans should be aware of it. Share this please to get the word out because too many people are swayed by those kinds of rumor-mill new stories and it’s ridiculous.
We thought of each other as family, so members were shocked and had a difficult time. At times, we just gave up and stopped talking to each other.”
However, we picked ourselves back up and the team spirit is well again. We feel united so everything feels fun.
Suho on EXO’s reactions to members leaving via; source
so for those of you who were wondering why yixing and tao updated their weibo’s the way they did (they were very defensive and clearly irritated), it was because the chinese singer laure shang claimed EXO couldn’t speak chinese. on a TV program, she formed an idol group, and when asked if she was inspired by EXO, she responded "no, we are different from them, because at least we can speak chinese or use chinese to communicate on stage.“
Understanding the Law suit filed by Kris against SM *UPDATED. PLEASE READ
I have been reading many theories about the law suit filed and there has been assumptions on how this is just a suit for Civil damage and that Kris is not leaving EXO but is only asking SM to pay for civil damages. Although I am no big shot, I have just finished law school (studied it for 5 years) and so, I wanted to clear some things for those following this news. I will try my best to explain in plain language and not use legal language. It is long but please do read so as to know what the ‘law suit’ that Kris has filed against SM Entertainment is actually about.
Yes, a law suit is filed under the civil law (Civil law is non criminal in nature) and it is filed by a party who may have suffered loss and hence wants to be paid for it BUT it is also filed to enforce a right or to grant a permanent or temporary injunction (Injunction meaning to stop). Now, I DO NOT know what is the truth but if you all noticed, the Korean media as well the representative of the law firm that is representing Kris are using the words “nulify/nullification”. By the language of law, this means to make something legally null and void i.e to cancel out (Void means not valid or is not legally binding). So, if I were to interpret by those words, I would say Kris is trying to prove that the contract that he has with SM entertainment is not valid in the first place. Here is what I am assuming Kris’s lawyers will take as a defense besides the denial of civil rights (civil rights are rights that protects a persons individual freedom so those rumors about SM not allowing its artists to take sick leave etc can be used here), the lawyers of Kris will be trying to prove that Kris was a minor when he signed the contract. Kris is now 24 years and he has been with SM for the last 7 years so that means he was about 16/17 when we entered into a contract with SM Entertainment. The law states that a minor cannot enter into a contract. The age of a minor in South Korea is 19/20 and the age of minor in China/Canada is 19. Now, since SM entertainment is based in South Korea, the law of that country will be applicable. Some sites say that the age of minority in South Korea is 19 and some say its 20 but whatever may be the case, Kris was a minor when he entered into a contract. People from law background or who knows little bit of law would now say that Kris could have entered into a contract through his mom meaning his mom must have signed a contract under his name and that is valid in some countries but not in South Korea. Under the Article 65 (Labor Contract) of the Labor Standars Act of the Republic of Korea (South Korea), it says that
(1)Neither parent nor guardian shall enter into a labor contract on behalf of a minor.
(2)Parent and guardian of a minor, or the Minister of Labor may terminate a labor contract, if a labor contract may be deemed disadvantageous to the minor.
So, Kris’s mom could not have entered into a contract with SM Entertainment even if they wanted to and in case a minor did enter into a contract, it is possible to end the contract. The question here would be if entertainment industry can be considered as a labor industry. I am assuming it can be as there is skill, talent involved.
Hence according to me the lawyers of Kris are trying to use this as one of its defense while fighting against SM entertainment. I repeat, I DO NOT know the contents of the suit so I cannot comment on that but if we are going by the words of the Korean Media and the representative of Kris’s Lawyers, Kris is trying to nullify his contract with SM which means that he is trying to prove that the contract was not valid in the first place. He can however enter into a new contract with SM after this present one is declared to be invalid but whether he would or not, is to be seen. I AM NOT TRYING TO SPREAD ANY RUMOR but this is my observation.
I tried to explain details so that non law background people would understand it too but in case of any doubt, you can ask me.
21/05/14 UPDATE PLEASE READ:
This is in update to the initial post that was made as there have been developments and changes over the last few days. PLEASE READ to know more.
I was told that there are two contracts that an Idol signs with its company - One as a trainee and then another when one debut’s. Now it is not sure if is true and if it is, whether the later contract is based on the first one because if it is, then even though Kris is a major at the time of 2nd contract (considering how it’s been just two years since EXO debuted), the 2nd contract would still not be valid considering the first was never valid (because of him being a minor at the time of the initial contract). But IF the contract is new and Kris being a minor defense cannot be used then the below post explains what his lawyers will try to do in the court.
I researched again. Yes, I seem to be too interested into this. I have been researching for the last few days because surprisingly a lot of people have read the earlier post and as I said, I do not want to create a rumor or give out false information and also because I am really curious about it since it has now been told that no more further releases will be given from Kris’s Lawyers. So, I thought it was necessary for me to clear out some issues. I DO NOT know anything about the contents of the law suit or the facts of the case but after reading the media reports, as I have said in the earlier post, it can be fairly assumed that Kris is filing for ‘Nullification’ of his contract and hence, I am sure about the laws that can be used because this is what the Korean Courts follows.I researched on foreigner’s contract policies (as Kris is a Foreigner in Korea) and this is what the law states. I want to however make it clear that the written post is only based on my understanding of the law. I am only interpreting what has only been written down in a non-legal language so that fans can understand what the suit is actually about and how it might go about since Kris’s lawyers have refused to give any more statement regarding it. Please read to know more.
First of all, there are some speculation that Kris will be terminating the contract. Before going into that, we have to understand that “Termination” and “Nullify/Nullification” are two different things.“Termination” is ending the contract while “Nullify/Nullification” is to hold the contract not valid. Frankly, I do not think Kris would call for termination because if he did, then he would have to pay a hefty amount to SM Entertainment. When a contract is signed, there is also a what if clause. That basically means what happens when one of the party breaches the contract (Breaching the contract means not following the rules or conditions that has been written and going against it). Since Its SM Entertainment, I am guessing the money to be paid as compensation in case of breach of contract would be quite huge. If we look at it in termination way, in SM Entertainment terms, Kris would be the one who have breached the contract- by not continuing with EXO, by not fulfilling its duties as an EXO member, by disobeying SM etc. So, if anyone does call for termination of the contract, it will be SM Entertainment, unless Kris wants to pay such a hefty amount which I doubt BUT if he has a back up as what some media’s are reporting than there are chances of him asking for termination of contract so that the law suit does not drag on.
However as I had mentioned in my previous post, I think Kris is trying to “nullify” the contract meaning he is trying to say that the contract he had with SM Entertainment is not Valid. If he is able to prove this, then he will not be breaching his contract with SM Entertainment and hence will not have to pay a hefty sum as compensation. He will instead be paid by SM Entertainment if required.
I read the Labor Standards Act of Korea in detail and I am pretty sure this will be the act on which the case will be filed. (This is the act which I had referred to in the first place too, that time I only emphasized on the Minor’s contract because I was not aware of the possibility of two contracts in the Kpop Industry, my sincere apologies).
Why do I think this act would be followed? Well according to the Employment Permit System (EPS) of Korea, this act is being followed and Employment Permit System is the system that allows employers to legally employ foreign workers. Now, some of you might question if being an Idol would fall under the meaning of work and whether he can be held as a worker. Yes, it would because the act states that, work means both mental and physical work. Kris was obviously involved in both.
With regard to Kris being termed as a worker, under Article 14 of the Labor Standards Act, Kris will fall under the definition of worker as the article states, “The term “worker” in this Act means “a person engaged in whatever occupation offering work to a business or workplace for the purpose of earning wages”(Kris was being paid for his work by SM Entertainment) and by Article 15 of the same act, SM Entertainment will fall under the definition of “employer” as the article states, “The term "employer” in this Act means a business owner, or a person responsible for management of a business or a person who works on behalf of a business owner with respect to matters relating to workers.”(And its a fact that SM Entertainment was managing the affairs of Kris)
This thereby proves that the lawsuit filed by Kris will be covered under this act. Now, none of us know the real reasons under which Kris is suing SM Entertainment but if he is suing for “Nullify/Nullifying/Nullification” of the contract as the media suggests then these will be the reasons.
1) Equal Treatment (Article 5) :“An employer shall not discriminate against workers by sex, or take discriminatory treatment in relation to the conditions of employment according to nationality, religion or social status.”(There are rumors going around that he was not allowed to take up some work. IF, this is true than the lawyers can use this defense and say that he was denied to do so, since he is a foreigner)
2) Prohibition of Forced Labour (Article 6):“An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical freedom.”(Remember those rumors regarding how artists are made to work even if they are sick etc.? Hangengs case and even Kris is rumored to have been forced to work though he was very sick. Lawyers can use this article to say that SM Entertainment had forced him to work)
3) Guarantee of exercise of Civil Rights (Article 9) :“An employer shall not reject a request from a worker to grant time necessary to exercise franchise or other civil rights, or to perform official duties during his working hours; however, the time requested may be changed, unless such change impedes the exercise of those rights or performance of those civil duties.” (This is probably the most important section in this case as media’s have reported that Kris is filing the suit based on the violation of his civil rights. Civil rights is guaranteed and protected by all countries and denial of these rights is a violation. Since the act already states that every employer has to guarantee the exercise of Civil rights, if SM Entertainment is proved to have denied Kris’s Civil rights than the contract will be automatically held void.)
The lawyers of Kris may also use the defense of working hours under this act, IF there is any medical problem that Kris is suffering so as to show that the medical problem is because of excessive work. (Some may say that every idol works the same, yes that is so, some may even work more but every human body is not the same so the level of tolerance will be different)
Thus, if the lawyers can prove that Kris’s civil rights were violated, that he was forced to work even when he was not well, that he had not been treated equally, that SM Entertainment as an employer did not guarantee or give the rights that has been mentioned in the act than the contract of Kris with SM Entertainment will automatically become null and void.AsArticle 22 clearly states that “A labor contract which establishes conditions of employment which do not meet the standards provided for in this Act shall be null and void to that extent.”(Meaning if an employer does not follow what has been prescribed under this act than the contract will be null and void) Hence legally, the contract of Kris with SM Entertainment will be held null and void meaning the contract was never valid in the first place.
I had initially said that Kris can enter into a new contract with SM Entertainment even after this contract is nullified and I still stand by it because legally it is possible. But personally, think about it, after whatever has been happening the last few days, do you think Kris would ever go back? Do you think the members and all the fandom will accept him like how they did earlier? Will they ever be able to trust him again? Will it ever be the same? I don’t think so.
Even if Kris wins the case against SM Entertainment and he can sign a new contract legally, personally, I do not think he would. I do not think he will go back to SM Entertainment unless this whole ordeal was created by SM Entertainment itself which obviously is not. Hence as sad as it may be, I guess it’s time for me to accept that Kris will not be part of EXO when they perform on stage etc but yes, he will definitely remain a part of EXO just like how JYJ is part of DBSK and how Hangeng is part of Super Junior.
I hope this post clarifies all the doubt and gives you a better understanding, if not, you can always message. Thank You. I would also like to request all the people who had initially reblogged to kindly reblog this again so that everyone can understand this part again. Thank you.
“We know about the news of Tao’s personal studio. Currently, we are still discussing the direction of Tao’s career. We are also currently discussing his Chinese activities with him and his dad. We hope to discover more possibilities for Tao’s career through these discussions.”
Before y’all flip your lid on Tao not being in the repackage teaser photos, I’d like to remind you that other idols have missed their groups’ comebacks due to injury or w/e and have returned when they recover. I for one didn’t expect Tao to be part of the repackage, given that he’s currently in L.A. and obviously not prepared to return to promotions.
I’m not saying Tao is still in EXO and I’m not saying he’s not but there is the possibility that he is on hiatus/still working things out with SM. This is not definitive proof that he is leaving.
Let’s all keep our chill and wait to hear something official.