All five members of NewJeans have filed a lawsuit to confirm the nullification of their exclusive contract with their agency, ADOR. Attorney Lee Ji Hoon from the law firm Law & More provided an analysis of the ongoing legal battle.
On December 6, Lee Ji Hoon discussed the case on his YouTube channel 'Korean Lawyer,' posting a video titled “NewJeans is Power | Power Player Kicking Away the Ladder”.
In the video, Lee Ji Hoon analyzed the possible future activities of NewJeans and the impact on the group's brand. She stated, “If they continue their activities, they will no longer be able to use the name ‘NewJeans.’ That name belongs to ADOR under the terms of the contract, as do the copyright, trademark, (existing songs), and intellectual property rights associated with it.”
She further explained, “If NewJeans terminates their contract, they will have to give up the name. They must remain consistent with this position. If they continue using the name, they could be held liable for damages. However, this could also be interpreted as NewJeans' intent to reclaim the rights to the name through legal action. Whether or not they can continue their entertainment activities depends on the specific terms of their contract, which must be reviewed to minimize risk.”
Regarding NewJeans’ claim to have terminated their contract, Lee Ji Hoon remarked, “It's difficult to say that the contract has been officially terminated. The claim that their entertainment activities were hindered is subject to interpretation. If the six issues that NewJeans demanded be corrected through official notice were considered the 'hindrances to entertainment activities,' I believe it’s insufficient to justify contract termination. They are presenting it as if the contract has already been terminated, but from a legal standpoint, I don't think that’s the case.”
Attorney Lee also addressed NewJeans’ reported statement that they "have no intention of paying a penalty" for the termination. She countered, “But they will have to pay. If they have created a situation where a penalty must be paid, simply saying 'we have no intention of paying' won’t be accepted socially or legally. They probably don't want to pay a single penny, but I think they’ll have to. This will be NewJeans’ legal risk.”
The conflict between NewJeans and ADOR became public on November 28 when the group held an emergency press conference, announcing their intention to terminate their exclusive contract with ADOR effective November 29. In response, ADOR released an official statement on December 5, revealing that they had filed a lawsuit at the Seoul Central District Court on December 3 to confirm the validity of their exclusive contract with the members.
In the statement, ADOR said, “We did not want the issues with our artists to be resolved through legal judgment. However, given that an exclusive contract between a company and an artist cannot be unilaterally terminated based on one party's claims alone, we felt it was necessary to inform the artists and other stakeholders of this fact. Therefore, we made an unavoidable decision.”
Since the announcement of the contract termination, the five NewJeans members have resumed their public activities. On December 7, they appeared as guest performers at the Yoasobi concert at the Incheon Inspire Arena. Notably, during their greeting, the members introduced themselves individually using their personal names, rather than the familiar greeting, “Hello, we are NewJeans.”
The ongoing legal battle between NewJeans and ADOR has sparked intense public interest, with fans and industry insiders closely monitoring the developments. Whether the members can reclaim the name "NewJeans" and continue their activities as a group remains to be seen, but with both parties firmly entrenched in their respective positions, the legal battle is expected to be long and complex.
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