Summary of the Lawsuit
This is a case in which The Rose demanded that the agency, J&Star Company (hereinafter referred to as the agency), terminate the exclusive contract.
28.February 2020
On the morning The Rose first posted an article titled "Demand for the agency to terminate the exclusive contract", and then the article clippings were posted on the members' Instagram, and several articles containing the agency's official position (1 / 2 / 3 / 4 ) were posted, and it became an official fight. The issues raised by The Rose by asking the agency to terminate the contract are 1. Forcing an unreasonable schedule 2. Non-payment of settlement amounts, etc.
1st Rebuttal
In response, the agency issued an official statement, saying, "The Rose's allegations are not true, and we will consider legal action due to defamation, and The Rose unilaterally announced the termination of the exclusive contract and will suspend mutually agreed performances and broadcasts."
It's important to point out here that The Rose was a regular performer on Stand-Up! All That Music, which was scheduled to be recorded on March 4, was postponed due to the prevention of the spread of Corona (and later announced the resumption of recording), and the concert Culture Warehouse, which was scheduled to be recorded on March 7, was also canceled due to the spread of Corona. In addition, The Rose's solo concert, which was scheduled to be held on March 28th, was canceled due to the spread of Corona before the official announcement of the concert (judging from the timing, this was before The Rose asked the agency to terminate the contract. Notice of termination of contract sent - February 21 (received by the agency on the 24th), Concert Notice (available for associate members and above, login required) - February 20) This can be considered unrelated to The Rose's request to terminate the contract. (The Rose's concert in Korea on May 9 was also canceled due to the spread of the coronavirus.)
03.March.2020
2nd Accusation (2020.3.3)
On March 3, 2020, a second complaint post was uploaded to the members' Instagram, and to summarize the contents, 'Law Firm Liu', as the legal representative of the members of The Rose, sent a notice to the agency on February 6 and requested the settlement evidence within 10 days, but the agency did not respond at all, and since there was no response after the 2 weeks of correction period under the exclusive contract, a contract termination notice was sent on February 21, and the agency did not respond even after receiving the notice on the 24th. The agency notified the schedule without considering the members' physical and mental condition at all, and the response letter sent on February 27 did not provide the basis for the settlement requested by The Rose.
Second rebuttal
In response, the agency refuted the allegations in an article containing its official position, stating that The Rose's claims were not valid and that the provision of settlement data and prior schedule discussions had been sufficient. He also criticized The Rose for calling the overseas tour schedule "the agency's unreasonable schedule" and "murderous schedule" despite the fact that they themselves "want to meet more overseas fans," and said, "Some of THE ROSE's claims are betraying their trust in their fans."
Reaction from the fandom
In response to the agency's statement, Black Rose, a fandom of The Rose, expressed its belief in and support The Rose until the end through a petition and statement through four Twitter hashtags and contact with The Rose's legal representative, Law Firm Liu.
The Rose's application for a temporary injunction to suspend the validity of the exclusive contract was rejected by the court on August 27, and the next day, on August 28, The Rose immediately filed a notice of appeal with the court, announcing its intention to proceed in good faith with both the appeal and the arbitration procedure filed by the agency at the Korean Commercial Arbitration Board. In addition, the single 'Black Rose', which was released on August 27, when the preliminary injunction application was denied, is currently on hiatus due to the agency's request.
* On August 27, the application for a preliminary injunction to suspend the validity of the exclusive contract was denied, so the agency has the rights to the music
Termination
On June 30, 2021, Woosung said in an interview after the release of his solo song that all of his problems with J&Star and the company had been resolved, and that THE ROSE was not under contract with anyone and was currently waiting for the members' discharge.
On December 29, 2021, after the release of 'Beauty and the Beast', it was announced that the exclusive contract between J&Star Company and The Rose had ended.
