South Korean court bars NewJeans from independent activities until ruling on Ador dispute
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K-pop girl group NewJeans began independent activities after ending their contracts with Ador in November.
PHOTO: EPA-EFE
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SEOUL – The Seoul Central District Court ruled on March 21 in favour of Ador in its legal dispute with girl group NewJeans, temporarily barring the group from pursuing independent activities under its new name, NJZ.
NewJeans began independent activities after ending their contracts with the K-pop agency in November, citing a breach of exclusivity. In January, Ador filed an injunction to block the group’s solo activities and assert its role as their management agency.
The court granted Ador’s request for an injunction to prohibit the five members of NewJeans from entering into advertising contracts or conducting promotions independently, acknowledging its continued status as the group’s legal agency.
“In cases where mutual trust between the parties breaks down, an exclusive contract may be terminated by the artist,” the court ruled. “However, it is the responsibility of the party claiming such a breakdown to prove that the circumstances have reached a point where maintaining the contractual relationship is no longer viable.”
The court found that NewJeans’ side had failed to sufficiently prove such circumstances.
Following the court order, Ador sent out a media statement to express gratitude for the court’s decision and said it would be present at the group’s upcoming performance at music festival ComplexCon in Hong Kong on March 23.
It said: “With our status as NewJeans’ exclusive agency now legally affirmed, we are fully committed to supporting the artistes going forward.
“We will be fully present at ComplexCon this weekend to guarantee the performance is presented under the NewJeans name. We eagerly anticipate meeting the artistes for a heartfelt conversation at the earliest opportunity.”
ComplexCon and the girl group had announced in February that the quintet would perform at the festival under the name NJZ.
During a court hearing on March 7, Ador argued that the five members had unilaterally notified the company of their contract termination without valid justification. It stressed that NewJeans’ success was made possible through the company’s full support and resources.
Ador also argued that the members’ recent announcement of a new team name and plans to sign with a different agency while the contract remains valid constitutes a breach of contract.
In response, NewJeans’ legal team argued that Ador’s parent company Hybe repeatedly discriminated against the group and failed to provide support equal to that received by other affiliated artistes.
The lawyers claimed Ador, which is 75 per cent owned by Hybe, is not capable of making independent decisions and therefore shares responsibility for Hybe’s actions.
However, the court rejected this argument, stating: “Based on the claims and evidence submitted so far, it is difficult to conclude that Ador violated a key obligation under the exclusive contract or that the trust between the parties has broken down to an irreparable extent.” THE KOREA HERALD/ASIA NEWS NETWORK
