Fairlane Raymundo
patreon
Court hears NewJeans' claims against ADOR amid contract dispute
🕑 Added 2025-03-14 06:19:21 +0000 UTCNew Jeans have deleted their argument that HYBE wanted to "[throw away NewJeans]" in the latest oral proceedings. This acknowledges that the internal docs was not referring to replacing NewJeans and was dated May 10, 2023, well before ILLIT's debut.
New Jeans' remaining arguments include the claim that Min Heejin was removed as CEO without justification and the assertion that ILLIT failed to greet and ridiculed Hanni. However, they have still not provided any evidence to support the latter claim.
On the 14th, the hearing regarding the 'provisional injunction to maintain the status of the agency and prohibit the signing of advertising contracts' filed by ADOR, the largest entertainment company in South Korea under HYBE, against NewJeans will conclude.
Ahead of this, on the 12th, the fan club of NewJeans, Team Bunnie, submitted a petition to the court, adding their support. Team Bunnie urged the court to dismiss ADOR's injunction request, stating, "If we are forced into exclusive activities in a hostile environment where the trust has collapsed, it will only prolong the suffering of the members, and fans will not be able to enjoy the members' music and entertainment activities with joy."
ADOR filed for a provisional injunction against the members of NewJeans at the Seoul Central District Court in January this year. This is to ensure that ADOR is recognized as the agency under the exclusive contract until the first instance ruling on the 'confirmation of the validity of the exclusive contract' filed in December of last year, and to prevent the members of NewJeans from independently engaging in any entertainment activities, including advertising shoots, without ADOR's approval or consent.
On the 7th, NewJeans (from left, Hanni, Minji, HAEIN, Haerin, and Daniel) meets with reporters after completing the oral argument for the injunction requested by ADOR at the Seoul Central District Court in Seocho-gu, Seoul. /Courtesy of News1
Female idols under HYBE's label (agency) include ADOR's NewJeans, Source Music's LE SSERAFIM, and BELIFT LAB's ILY:1. /Graphic by Jung Seohee
It is expected that the outcome of whether the provisional injunction will be granted or dismissed depends on whether the NewJeans side can clearly present evidence of ADOR's breach of the exclusive contract and the resulting irreversible collapse of trust, thereby convincing the court.
ChosunBiz summarized three key claims and grounds based on the oral argument materials for the provisional injunction submitted by NewJeans on the 7th.
① Supporting LE SSERAFIM, developing ILY: What about NewJeans?
NewJeans claims that ADOR discriminated against, demeaned, and attacked them. After HYBE acquired Min Hee-jin as the Chief Brand Officer (CBO), it was said that the first girl group under HYBE would be directed (produced) by her; however, it was reported that LE SSERAFIM debuted first through ADOR's subsidiary, Source Music.
Furthermore, it was highlighted that in the 2023 Weekly Music Industry Report, it was suggested that "it would be sufficient to discard New (NewJeans) and create a new structure." It was also emphasized that BELIFT Lab, under HYBE, secured a plan created by Min Hee-jin and presented ILY as an alternative, copying and plagiarizing their concept.
In the evidence sent on November 13 last year regarding the 'demand for correction of exclusive contract violations,' it was noted that the term 'NewR' refers to the female idol groups 'NewJeans, ILY, and LE SSERAFIM' that debuted under HYBE's label. It was claimed that the wording of NewR had caused distress for several days, suggesting that HYBE had decided to abandon NewJeans, which was cited as evidence of discrimination and exclusion, was omitted in this oral argument. It is interpreted as a precaution, knowing that the timing of the report's preparation was before the ILY debut on May 10, 2023, and that the media had grouped NewJeans, IVE, and LE SSERAFIM under the term 'NewR.'
Instead, the report presented the phrase, "While categorizing by grouping 'BLACKPINK-LE SSERAFIM-ESPA-IVE,' there is a need to bring a fundamentally different categorization," suggesting that, even in the so-called 'new structure,' LE SSERAFIM would be included while excluding NewJeans.
This is a capture of page 53 of the oral argument materials from the legal representative of NewJeans, Sejong, related to the 'Hanni Ignored' incident. It includes new details that some ILY:1 members mocked Hanni with words and actions.
ChosunBiz has reconstructed the capture of the video released by ADOR on the 7th. ILY:1 members greet and pass by with a 90-degree bow when they discover NewJeans members in the hallway.
The 'ignore Hanni' incident was also brought up. On May 27, 2024, a BELIFT Lab manager allegedly told the ILY members in front of NewJeans member Hanni to 'ignore and pass by,' and the previous claim was reiterated that three ILY members passed without greeting her.
The evidence was a KakaoTalk conversation between Hanni and Min Hee-jin, with much page space devoted to the fact that the video of not greeting was deleted. However, the HYBE side stated that there was no deletion of closed-circuit TV (CCTV) footage and even presented a video in court showing three ILY members greeting Hanni and Daniel, leading to a truth dispute.
The NewJeans side also newly referenced that some ILY members mocked Hanni through words and actions, but did not present evidence regarding what specific mockery occurred.
② After removing the 'key figure' Min Hee-jin, a move to suppress?
ADOR unilaterally expelled Min Hee-jin, who was the foundation of NewJeans' entertainment activities and contributed to their unprecedented success, emphasizing that this itself constitutes a significant breach of management duties. It is claimed that following the change of ADOR's directors to HYBE executives on May 31, 2024, Min Hee-jin was isolated, and her dismissal as CEO on August 27 of that year ultimately led to her resignation (on November 20, 2024).
NewJeans and their parents have repeatedly demanded guarantees for Min Hee-jin's leadership and exclusive producer status; however, this was entirely disregarded, and since no alternatives were prepared, they attempted to effectively suspend activities for 1 year and 6 months. This is interpreted as HYBE mentioning the time required to recruit a Grammy-winning producer, suggesting that they were keeping the artist in limbo like storing items in a storeroom.
An article presented as evidence stated, "Isn't it HYBE's breach of trust to force a girl group, which has been active for less than three years, to take a level of rest equivalent to a military hiatus?" reflecting shareholder reactions from a stock community.
Sejong also claimed that HYBE stated it would confine NewJeans for 1 year and 6 months. /Capture from NewJeans side oral argument materials
The NewJeans side stated that it is uncertain how much more time it will take to align with a new producer, and the success is also unclear. They appealed that NewJeans, now in their 4th year since debut, would inevitably be marginalized in the entertainment industry if they drag out unnecessary time.
③ Destruction of NewJeans' achievements → Collapse of trust
It was pointed out that ADOR's conflict with the production team, Dolphin Kidnappers, which produced several popular music videos for NewJeans, was also an intentional act to destroy NewJeans' achievements. The incident involved the deletion of the director's cut of 'ETA,' which Dolphin Kidnappers had released on their own YouTube channel as fan service for NewJeans, at the request of ADOR. NewJeans' 'ETA' music video garnered attention as it was filmed with Apple's iPhone 14 Pro.
NewJeans argued that ADOR deleted their achievements and destroyed the trust relationship with Shin Woo-seok, the head of Dolphin Kidnappers, with whom they had a friendly relationship right after Min Hee-jin's dismissal. They claimed that content postings had been agreed upon in advance but that after the change of representatives, ADOR took an extreme stance citing copyright infringement.
In response, ADOR stated that Dolphin Kidnappers had unilaterally uploaded the music video and raised objections, claiming that 'written consent' was necessary, and that there was also opposition from the advertiser (Apple).
Additionally, NewJeans presented evidence that HYBE belittled their achievements in Japan and conducted extensive media play with terms like 'gaslighting,' 'betrayal idol,' and 'NewFifty (NewJeans + Fifty Fifty)' just five days before their comeback, as further evidence of the destruction of trust that made it impossible to continue their contract with the agency.
Unlike a judgment, there is no separate announcement date for the provisional decision. However, considering the purpose of the provisional injunction is to determine a temporary status before the main ruling, the industry expects that a decision will be made around the 21st, a week after the conclusion of the hearing, or at the latest within this month.
NewJeans has announced the release of a new song on the 23rd. This is the debut song under their new activity name, NJZ. If the court grants ADOR's provisional injunction request, the members' plans will inevitably be halted. If the request is dismissed, they will be able to present their new song on stage in Hong Kong as scheduled, but legal battles are expected to continue with a lawsuit to confirm the validity of the contract scheduled for April 3.
The outcome of this lawsuit, including the provisional injunction, is expected to significantly affect the restructuring of the contract relationship between the agency and the artist, so the industry is paying close attention to the results.
Comments
Mimi
I don't get that whole hallway situation. There are descrepancies... Hanni stated the "Ignore her" incident took place on the 28th. But illit was in Japan on that day, attending a boroadcasting. And the one (that we see on the cctv) being greeted is Danielle. She wore the same outfit as seen on pictures. So did that whole "Ignore her" incident happened in the first place?
HHK Maunaowakea
NJ position emphasizing ‘loss of trust’ (ordered by the court to be reorganized) at least is now more specific and understandable without the tears and media staging. This article is focused on these reorganized statements from NJs team however they only provided some of Ador’s rebuttal. It’s difficult to evaluate the pulse of the court without the actual records as articles often tell only part of the story. My take of the questions before the court are: 1) has NJ team provided valid points of loss of trust that will have the court hesitate in allowing the injunction? 2) has Ador provided clarity in their rebuttal of NJs claims and demonstrated that they have acted in NJ behalf and continue to provide protection and professional development, thus validating the need to submit an injunction to protect NJ from committing further breaches of the existing contract? The girls’ statement they will not return to Ador regardless of the outcome of the injunction tells the judge they have no faith in anyone but MHJ and the fan petition supports that belief. They are also playing the card of ‘Artist’ — I can’t be the best artist I want to be in the current situation. Though Ador did offer MHJ remain as producer and would offer that to her again, but I don’t think anyone believes that would happen. MHJ wants to run her own company but wanted BHS & HYBE money to pay for it, and failed. She might do it again. This injunction ruling could both strengthen and weaken Ador or NJ’s position in the contract validation case depending on how the judge views the ‘loss of trust’ issue. And how much of the injunction he will allow based on that viewpoint. NJ ‘unilateral’ contract termination is based on their belief that they have the ‘right’ to do so from their interpretation of the wording in the contract. Ador’s injunction is based on the belief that the ‘signed contract’ still stands until decided in a court abiding by SK contract laws. Rather timely that the injunction ruling is expected a few days before the HK performance, and advertising options are still on hold. These two things could influence the court in some way as these involve third parties. If the court says they cannot grant Ador the injunction, it shows in some way, the court believes the contract is less biding then believed. That’s a huge precedence for SK contract law, particularly because the case of contract validity has yet to be tried. And this has consistently been a problem for me to understand. How does a judge pass a decision on an injunction when the contract validity case has yet to be resolved without that decision being prejudicial to the larger case, especially as ‘loss of trust’ and ‘actions of breach’ are the foundations of both cases? The court might feel NJ has not demonstrated ‘loss of trust’ with sufficient evidence, but they have shown it in their stated belief and consequent actions. This could also influence the judge, so Ador emphasizing the role of MHJ undermining Ador’s attempts to assist their artists was a good move. Especially since the girls opened that door by including MHJ as their 6th member team. Yet creating a new name, new song, new choreography and new performance schedule all of which NJ claim they did alone demonstrates that they don’t need MHJ as stated. All the while using their earnings from Ador to pay for it. I hope the judge finds Ador’s injunction valid at least in some part; especially any representation that ‘implies or suggests’ to the public and advertisers that they are NJ until the contract validation issue is decided. Since the name change was a very grey area, it should not be used. Hair styles and stage clothes are always changing so not very relevant. Using NJ songs in any performance not sanctioned by Ador should be a no-no because they are not just another idol group paying homage, but are the original NJ members performing IP songs. Things they can do as artists until the contract validation case is decided: 1) They can write music all they want but keep it in a personal file until the contract hearing outcome; 2) They can perform in HK as individuals but w/o financial compensation; 3) They can continue greeting fans on social media but with a gag order on any reference to elements of the case. And 4) They can even earn money by fulfilling work already contracted by Ador for them that is currently on hold as indicated in the hearing. To clarify item #1- the 7 guys have written multiple songs some in files, some they published as a group, some as solo work, some songs they gave to others, and some were made in collaborations. It’s not the writing or producing that is stopped but it’s giving any part of compensation or recognition to Ador that NJ doesn’t want. It’s not about Artistry. Personally I feel NJ members actions have shown they do not have the integrity of HYBE idols (standards set by our 7 guys) and don’t deserve the support of Ador. But could still be successful with the right entertainment company for a period of time at least. Both MHJ and NJ have shown a disregard for their staff when at Ador, making bold moves that could leave the company a ‘shell’ to achieve their own goals, even though a few staff went with them, others had to move on to find work. However Ador’s core staff, and HYBE’s marketing team continued to strengthen Ador’s capacity to grow and safe-keep the company so NJ has a viable home to return. Perhaps in 10 yrs when NJ members hopefully mature they may reflect on MHJs influence on them, the isolation, misleading and manipulation. The basic underhandedness of MHJ to take over Ador and topple HYBE. These are actions that have caused a hold on their growth, promotion and prosperity as an established team for the past year and one they could sue MHJ for. But then again, they chose to issue demands followed by a unilateral termination, and provided media with considerable social commentary. Ador left open the door so they could pull back from all this so NJ could continue their activities. But after a decision is made on this injunction that possibility lessens. For me, SK contract law needs to be upheld, and compensation achieved in some fashion significant enough to discourage the rise in tampering events in the K-pop industry. Moving into the international market becomes precarious if these laws are not better defined and upheld. More than anything, these companies should not allow any individual to develop a stranglehold on easily pliable youth. And I support what had been repeated from the start on this community - MHJ, Ador, NJ parents, NJ members and NJ fans are all culpable I. Some way to the current status. But Media are not held accountable or scrutinized in the same way. Media always claims free speech but it is not so much intruding on free speech which is at stake, but an individual’s ability to form ‘free thought’, since nearly everything they hear, read or see is frequently designed to lead, mislead or deceive. And this to me is the importance of holding media responsible. In NJ/Ador case media has been used easily and frequently to influence, condemn, misdirect, block, intrude and deceive.
