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Rabu, 31 Maret 2010

THE STATEMENT OF SUN (his lawyer) FOR HANGENG’S LAWSUIT


Translated by 晴子 From Baidu / HanGeng Bar

Sun’s pronounce
All the following statements come out from the truth that I’ve witnessed around
Han Geng these years,and I promise I’ll be responsible for all my words.

I.Masks
In the early time of SuperJunior’s debut(around year-end of 2005 and beginning
of 2006),Han had to perform with a mask on his face and could only appear in
few TV station because of some kinds of reasons.This has shown an obvious
discrimination and insult on Han,which also made severe psychology shadow on
him.There are problems in relatived laws of South Korea,and also in management
of SM Co,.Ltd. Compared with the fact that Han haven’t to wear masks some time
later we could draw the conclusion that SM Co,.Ltd hadn’t handle the issue
suitably and ignored Han’s interest and rights.


II.Discriminatory
The concert of SuperJunior Show on 22th Nov, 2008 in ShangHai,Han’s family
member were arranged in the far corner wittingly or unwittingly,while the
Korean members’ family is arranged in the centre of auditorium.The arrangement
was changed until Han’s family were seated and found out the discriminatory and
end up with seated in centre unditorium after contending with SM Co,.Ltd.

III.Discriminatory on Financial Proportion Korean members in
SuperJunior share all the expenses in China(including private living goods)
with Company and other members.While Han Geng could only pay his personal fees
by himself unfairly.


VI.Discriminatory Chinese Actors in Daily Life
Every Korean members could go back home in their free time in Korea,while Han
was asked to stay in apartment with other members in China.The company
reluctantly accepted the asking of tenement an apartment near the site of
company through consults.


V.Insecurity of Reward Distributee
SM Co,.Ltd settle Han’s accounts biannually with only general ledger but not
detailed accounts.The unclear accounts deprived Han’s right of informed and
speak that Han couldn’t get enough security on his originally poor payment.SM
never offered detailed receipts neither for scripts nor copy,and
refused to provide under several times of demanding.
SM offered only Korean Won to Han Geng which needs two times of agiotage to
turn to Chinese Yuan.The lost between the agiotage brings up more loss to the
unfair reward.Although SM doesn’t have formal subsidiary company,they still
have respectable RMB cash flow.Han Geng has suggested changing the settlement
method in order to minimise losses but all be refused without a resonable
explanation.SM ignored Han’s benefit and never explained or resolved this
issue.


VI. SM Co,.Ltd. often procrastinate even refuse many developement opportunities of Han Geng which infrigement his rights
l lot.Here are the evidences:

1,In the year of 2009,Procter&Gamble Company decided to employ a man actor
to endorse for OLAY products for the first time.SM Co,.Ltd. refused the
cooperation for many reasons while Han Geng knew nothing about the whole thing
through an informed staff until end of 2009.

2,June 2009,the Taiwan actress Yichen Lin called for a hero in her Music Vedio.Han is the designated hero by Lin’s company but SM Co,.Ltd refused the
request out of boosting Li Donghae and Choi Siwon,two Korean actors.Lin’s
company finally determined the two Korean actors play roles 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 SM
Co,.Ltd. for many times,but SM put all the invitations off.This not only
limited Han’s personal development,but is also contrary to thier promises on
giving acting opportunities to Han.

Regarding all the facts above,from my viewpoint,Firstly,SM Co,.Ltd. offered little opportunities to Han Geng(2 single Endorsement,1 TV series from
debut)compared with his popularity and importance.What’s more,SM created many
resistances when servicers discuss cooperations with Han Geng,which is
discrimination in fact.
Secondly,SM cracked down Han’s development when facing many good chances but
not support him,for fear of the form of Han’s personnal developing room and
resources.This violates Han’s legitimate interests and restrict his personnal
development terribly.
Finally,freedom on economic activity is the basic human rights which nobody
could attempt or indeed deprive or restrict.The series action of SM Co,.Ltd
tend to and had indeed deepened Han’s attachment to the Company and restricted
Han’s freedom of economic activities.The action is severe infringement on Han
Geng’s individual fundamental rights.


VII. SM ill-mannerd Han’s potential customers and friends,and had had framed person introduce businesses to Han Geng.
Take me myself for example.Around March or April in 2009,I introduced a
performing business called Night of Changbai to Han Geng.SM Co,.Ltd quoted a
higher price to me(take 
350,000 yuan for example)and quoted a lower price to the
sponsor ( 
300,000
yuan for example),which made the sponsor mistake me for accepting rebates and
hurted my own fame.I called Mr.Kim the broker of SM to interrogate the reason
to do so,only get a reply like “we won’t do that next time” without a
solution.Many show sponsors,media and cooperators feels strongly dislike on the
attitudes and the ways the SM staffs have.


Credit: Sogou.com

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