►►Super Junior Hangeng’s lawyer speaks out about the lawsuit
Ever since the announcement of Hangeng’s lawsuit against SM Entertainment, many have been on their seats waiting for more news about the future of Super Junior and of Hangeng. Today, his lawyer finally makes a statement on Hangeng’s case.
Sun’s (Hangeng’s lawyer) pronounce: All the following statements come out from the truth that I’ve witnessed around HanGeng these years, and I promise I’ll be responsible for all my words.
In the early time of Super Junior’s debut (around the end of 2005 to the beginning of 2006), Hangeng (Han) had to perform with a mask on his face and could only appear in few TV station because of some reasons.This has shown obvious discrimination against Han,which also caused him to have some severe psychological problems.There are problems in some of the laws in South Korea, and also in management of SM Entertainment (SME). Along with the fact that Han was excused from wearing masks later on, we could draw the conclusion that SME didn’t handle the issue suitably and ignored Han’s interest and rights.
One of the concerts in Super Junior’s Super Show occurred on November 22, 2008 in ShangHai. Han’s family members were arranged in the far corner willingly or unwillingly, while the Korean members’ families were arranged in the center of the auditorium. The arrangement wasn’t changed until Han’s family found out about the discriminatory act. They were able to get seats in center of the auditorium after contending with SME.
III. Discrimination on Financial Dividend
Korean members in Super Junior shared all the expenses in China (including private living goods) with the Company and other members. However, Hangeng had to pay his personal fees by himself, which was very unfair for him.
VI. Discrimination Against Chinese Actors in Daily Life
Every Korean member could go back home in their free time in Korea, while Han was asked to stay in the apartment with the other members in China. The company reluctantly accepted Han’s request of renting an apartment near the site of the company through a discussion.
V. Insecurity of Reward Distribution
SME settles Han’s accounts biannually with only general ledgers but not detailed accounts. The unclear accounts deprived Han’s right of knowing information. In addition, it said that Han couldn’t get enough security on his originally poor payment. SME never offered detailed receipts for scripts or copies, and refused to provide them despite several times of demanding.
SME offered only Korean Won to Han which needs two times of agiotage [business of dealing in foreign exchange] to turn to Chinese Yuan.The loss between the agiotage brings up more loss to the unfair reward. Although SME doesn’t have a formal subsidiary company,they still have a respectable RMB cash flow. Han Geng has suggested changing the settlement method in order to minimize losses, but was refused without a resonable explanation. SME ignored Han and never explained or resolved this issue.
VI. SME often procrastinates, and even refuses many development opportunities for Han which infringes his rights a lot. Here is the evidence:
1. In the year of 2009, Procter&Gamble Company decided to employ a male actor to endorse for OLAY products for the first time. SME refused the cooperation for many reasons while Han Geng knew nothing about the whole thing until he was informed through a staff member at end of 2009.
2. In June 2009, the Taiwanese actress Ariel Lin called for a hero in her music video. Han was the designated hero chosen by Lin’s company, but SME refused the request. Instead, they had Li Donghae and Choi Siwon participate in the MV. Lin’s company finally allowed the two Korean actors to be in Lin’s MV, which limited Han Geng’s developement.
3. At the end of 2008, the movie Mulan started to choose an actor for the men’s second role. The producer favorited Han Geng and communicated with SME many times, but SM did not accept any of the invitations. This not only limited Han’s personal development, but is also goes against SME’s promise to give acting opportunities to Han [Han always wanted to be an actor].
Regarding all the facts above, from my viewpoint, firstly, SME offered little opportunities to Han Geng (2 single Endorsements, 1 TV series from debut) despite his popularity. What’s more, SM rejected many opportunities when people wanted to recruit Han Geng, which is obviously discrimination.
Secondly, SM put a constraint on Han’s development when Han was given many good chances. SME did not support him for fear that Han would form personal developing rooms and resources. This violates Han’s legitimate interests and restricts his personal development terribly.
Finally, freedom on economic activity is the basic human right which nobody could attempt to deprive or restrict. The series of actions by SME tend to and have indeed deepened Han’s attachment to the Company. It has also restricted Han’s freedom of economic activities. Such an action is severe infringement on Han Geng’s individual fundamental rights.
VII. SM was ill-mannered to Han’s potential customers and friends, and also framed people to introduce businesses to Han Geng.
Take me for example. Around March or April in 2009, I introduced a performing business called Night of Changbai to Han Geng. SME quoted a higher price to me (take ￥350,000 yuan for example [$51,000 USD]) and quoted a lower price to the sponsor (￥300,000 yuan for example [$44,000 USD]), which made the sponsor mistake me for accepting bonuses, hurting my own fame. I called Mr.Kim, the broker of SM, to ask him why SME does so, only get a reply like “we won’t do that next time” – no solution was proposed. Many show sponsors, media, and cooperators also strongly dislike the attitudes and the ways of the SM staff.
Hopefully this helps to give you a better understanding of the case and how serious it actually is. Wishing Hangeng the best of luck as he fights for his freedom.
Source: Sogou + Kpoplive