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01 December 2024

NewJeans Leaves ADOR Amid Contract Dispute

The K-pop group terminates its contract over allegations of mistreatment and seeks independence from the agency

K-pop girl group NewJeans made headlines on Thursday by holding a late-night press conference to announce the termination of their exclusive contract with their agency, ADOR. The unexpected move has sent shockwaves through the K-pop industry, as the group asserted their contract with ADOR had been nullified due to alleged breaches by the agency. Legal experts and industry insiders are now left grappling with the implications of this unprecedented action.

NewJeans’ decision to terminate its contract with ADOR caught many off guard, as it is rare for artists to unilaterally break such agreements without legal intervention. Rather than filing for an injunction—which would temporarily freeze contract obligations—NewJeans declared they were no longer affiliated with ADOR as of November 29. This bold step allows them to proceed with their careers without waiting for the outcome of any potential legal battles.

During the press conference, NewJeans expressed their intention to act freely moving forward, signaling their desire for independence from ADOR. ADOR, on the other hand, has rejected this claim, asserting the contract remains valid until July 31, 2029, as per their original agreement. The agency insists no violations have occurred, and they are prepared to take legal action to protect their rights.

The crux of the issue centers on the enforceability of NewJeans’ contract termination. Exclusive contracts within the K-pop industry are notoriously difficult to shed. Generally, termination is permissible only under specific circumstances such as serious breaches. NewJeans has accused ADOR of unfair treatment and cited internal documents from parent company HYBE, which allegedly discussed plans to "abandon NewJeans and start fresh." Legal experts suggest such statements might be interpreted as serious breaches of the agency's duty to its artists, potentially justifying NewJeans’ course of action.

Nonetheless, proving ADOR’s actions constitute a breach will be challenging. Experts have noted the potential penalties for breaking the contract could range between 400 billion to 600 billion won—approximately $300 million to $450 million. Even if the group were found at fault, courts typically lessen excessive penalties.

Another sticking point concerns the ownership of the group's name, "NewJeans." Currently, the trademark belongs to ADOR. Unless there’s a specific clause within the contract granting the group rights to the name, it’s likely ADOR will maintain control. This situation could complicate NewJeans’ ability to continue using their name as they move forward independently.

With this complex situation still developing, it's expected ADOR will seek legal validation of the contract's validity. Some insiders speculate the agency might also pursue actions to prevent NewJeans from pursuing independent projects, fearing this could set a worrying precedent for other artists within the industry.

NewJeans’ actions have reverberated throughout the K-pop world. If successful, their case could significantly shift the balance of power between entertainment agencies and artists. Industry professionals worry if the court sides with NewJeans, it could inspire other groups to follow suit, disrupting the traditional contractual norms dominating the K-pop industry.

Already, NewJeans’ bold move signals they’re willing to challenge the status quo and shake up the K-pop scene. Industry insiders are keeping their eyes peeled as this legal skirmish evolves, considering how it might reshape the industry's future.

Adding another layer of complexity to the situation, the K-pop powerhouse Hybe has had to deal with its own set of internal conflicts. NewJeans was formed under ADOR, a subsidiary of Hybe, and when the group announced their departure from the agency, it brought forward longstanding tensions involving Hybe executive Bang Si-hyuk and former producer Min Hee-jin. These tensions have had been simmering within the agency, particularly after Min's departure and the subsequent legal and public relations fallout. Min had been instrumental during NewJeans’ rise but was ousted amid accusations of breaching trust by Hybe.

The saga appears to stem from April when Hybe set its plans to oust Min as the CEO of ADOR, leading to accusations flying from both sides. Min claimed Hybe copied her strategies for launching new K-pop acts, which intensified the conflict. Following her exit, NewJeans demonstrated solidarity with Min, demanding her reinstatement—a move indicative of their unresolved loyalties.

NewJeans' press conference revealed the group has faced difficulties beyond contractual disputes. Evidence suggests they experienced instances of manipulation and mistreatment over the past year, culminating with Hanni, one of the group's members, delivering tearful testimony to lawmakers about workplace bullying within the agency. This pointed accusation starkly highlights the negative impacts artists might endure under oppressive corporate structures.

Expectedly, ADOR has countered, maintaining it had not violated any contractual terms and requesting continued collaboration with the group. Noting their attempts to engage NewJeans fell short, the agency highlighted they still hope for open discussions about future endeavors.

From the industry perspective, this saga is not isolated. Historically, K-pop groups have found themselves locked in contentious relationships with their agencies. Such was the case for TVXQ, who famously fought against their label due to unfavorable contract conditions likened to slave labor. Recent incidents, including some members of Fifty Fifty attempting to suspend their contracts due to financial disagreements, hint at broader systemic issues afflicting the K-pop world.

Pundits believe NewJeans' situation might compel some reform within agency practices, potentially leading to improved relationships between artists and agencies to stave off similar conflicts.

Looking to the future, NewJeans faces the dual challenge of continuing their careers amid legal disputes over contractual obligations. It is anticipated the litigation process could stretch for years, with financial penalties looming large. Should the court side with NewJeans, they may emerge from this tumultuous chapter without penalties, simply seeking to assert their independence as artists.

Meanwhile, Hybe's financial performance has already been affected; share prices dipped as the industry reacted to these developments. Analysts suggest the financial ramifications for Hybe will likely be minimal long-term, considering market response already took these events under advisement.

For now, NewJeans remains determined to continue their musical aspirations, with Danielle expressing hope to release new music next year. They aim to maintain relationships with their dedicated fanbase, assuring followers, "Just know NewJeans never dies."