photon game
In an emergency press conference last night, Nov. 28, five-member girl group NewJeans announced they are leaving Ador.
This is the latest development in the long-running conflict between the girl group and the Hybe subsidiary. Early this year, Ador CEO and NewJeans producer Min Hee-jin was at the center of control disputes and lawsuits against Hybe. NewJeans was inevitably affected in the dispute. Months later, the group claimed breaches in their contracts and numerous instances of disrespect by mother company Hybe and its other subsidiaries.
Member Hanni notably made an appearance at South Korea’s National Assembly last October, speaking about bullying and workplace harassment.
The group then issued demands to rectify their contracts, giving the company 14 days to respond. Nov. 28 was the last day.
In the emergency press conference, NewJeans members Minji, Hanni, Danielle, Haerin, and Hyein took turns explaining their position.
“We wanted to reiterate that the YouTube live we held in September and the certification of contents we sent two weeks with demands for rectification were decided and prepared together by all five of us,” they said, according to translations published by Korean entertainment news site Soompi.
“First of all, the reason we are holding this emergency press conference is because the time period for rectification from the certification of contents we sent ends at midnight tonight. However, although today’s work hours are over, Hybe and the current Ador are not showing any will to make reform or to listen to our requests.”
The group explained that as artists of Ador, the company has an obligation to protect the group and its interests. They claim that the company “does not have the will or ability to protect NewJeans. If we remain here, it will be a waste of our time, and our mental distress will continue. More than anything, there is nothing that we can gain in terms of our work, so the five of us think that there is no reason at all for us to remain at Ador.”
NewJeans then announced that they will be terminating their exclusive contracts with Ador by 12 a.m. KST on Nov. 29.
“We expressed our opinions on several occasions such as through the live broadcast and through this certification of contents, but we are so tired of their insincere attitude, and we felt once again that they have no sincerity toward us and that have no desire at all to listen to our requests.”
“When our exclusive contracts are terminated, the five of us will no longer be artists of Ador. Breaking away from Ador, we plan on freely carrying out the activities that we sincerely want. However, we will carry out the promised and contracted activities we have scheduled already.”
The group reassured fans and advertisers that previously contracted activities and deals will continue as scheduled.
Photo from NewJeans/Instagram
What happens after contract termination?
This isn’t the first time a K-pop group has had disputes with their agencies, resulting in contract termination. In previous years, many idols have contested so-called “slave contracts” from their agencies, which included excessively controlling provisions. While Korean law has since made measures against the use of such contracts, there remain other instances where idols may want to terminate their contracts.
According to earlier reports, early contract termination may require NewJeans to pay at least 300 billion Korean won (around $225 million). Reports also say the fee may reach up to double this amount, at 600 billion Korean won. This calculation, based on the idol/group’s average monthly revenue over the last two years, multiplied by the months remaining in their contract, is based on the Korean Fair Trade Commission’s standard for early contract termination by K-pop idols.
While NewJeans claims they do not intend to pay the termination fee as their contracts had been breached, Ador, in a statement following NewJeans’ press conference, maintains that their contracts were not violated.
“Ador did not violate the contract, and their one-sided claims that the trust has been broken cannot be a valid reason for voiding the contract. The contract between Ador and NewJeans is still very much valid. As such, we hope that NewJeans will be with Ador for their future schedules as they have previously,” the statement reads.
Photo from NewJeans/Instagram
Can NewJeans still be NewJeans?
Often, as a result of departing from their companies, K-pop groups or idols may not be allowed to use their group names. This is because the companies often hold the trademark for the group name and other related intellectual property (IP) (including rights to the group’s music, branding, etc.).
Danielle acknowledged this in their emergency press conference last night. “When midnight passes tonight, there is a possibility that the five of us may not be able to use the name NewJeans for the time being despite our will. However, the essence that the five of us are NewJeans will not change at all, and we do not have any thoughts of giving up the name NewJeans.”
While NewJeans’ future is still unclear at this point, there has been precedence with regard to groups who have separated from their companies being able to retain their names. Notably, GOT7, previously under JYP Entertainment, was able to acquire rights to their name and other related IP.
Girl group Loona can also be cited as a similar casephoton game, with members having filed lawsuits to terminate their contracts with former company BlockBerry Creative. A month following this legal win, the group also won their rights to use the group name Loona.