100622 Hangeng’s Attorney’s Statement

Han Geng announced about his solo activites.
Have no exact date of the contraction termination case with SM
Wang Yi Entertainment reported on 22th June

22th June, Han Geng held a press conference at the Great Wall of China, talked about his upcoming concert and new album. He also announced that his will embark on a new journey in this industry on his own. Han Geng’s contract termination lawsuit with SM has always been catching the media’s attention, at the press conference, his attorney, Mr. Yang talked about the whole process of the lawsuit and new developments of the case.

The attorney’s statement is as follows:
Before this, there isn’t any chance to talk about this case officially, everyone know that a late debate isn’t called a debate anymore. According to the law of China, be it the first court session or the second, there would be a specific date and time. However in Korea, there is no such law, causing the court cases to be dragged on and on. With no written law, we have to follow something called Stare Decisis, which is a legal principle by which the judge are obliged to respect the precedents established by prior decisions. We proposed 2 cases; it is to void the contract and to suspend the efficiency of the contract. According to the prior precedent, DBSK proposed preservations of the proceedings, in 2009, the court agreed with the proposal, we proposed our case at 21th December 2009 which is three months after the DBSK’s case. Up till now, it has already been 6 months. Looking from the situation, in Korea, be it the law or the actual practice of the court, they are unable to give an actual date of termination.

From the ways the Korean company used, as a lawyer, I am really not used to the ways they are using. Firstly, at the court, they produced confusing evidences, causing a need for the judge to look into the case all over again. During the trial, they increase the number of attorney, again, causing a need for the judge to look into the case all over. If not, it would be a replacement of the judge to trial the case. Looking at this, according to the suggestions from our Korean colleagues, we would need to make a suitable decision at a suitable time. When justice we hoped for isn’t somewhere near, we would need some courage and make a justified decision.

Whatever that happen up till now or in the future, the previous Korean company has nothing to do with it. During the hearing of the case, only one thing would be take into consideration, the contract and nothing else. Previously, there are a lot of such cases in Korea. Many artistes had filed the same charges towards the same company; we can see that the contract was voided. If the law is justified, a same judgement would be passed down. By just looking into the contract, why can’t there be a same judgement when the contract is the same.

From my point of view, I give him my blessings. Throughout these 6 months, I feel that he is a really good person.

Credit: Baidu
Translation: huiwensg @ geng_bao

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