2024-09-29
Team Bunnies Notice & Protest Letter
🔗 2024-09-29 Team Bunnies Notice
Hello, this is Team Bunnies.
We are collecting signatures for a protest letter addressed to current ADOR CEO Kim Ju-young and recruiting a list of accusers for criminal complaints (3 cases) currently being prepared. You can participate via the links below. Thank you.
📌 Protest Letter Link
📌 List of Accusers Link
[Urgent Request for Signatures and Recruitment of Accusers] Protest Letter to Current ADOR CEO Kim Ju-young
We demand that current ADOR CEO Kim Ju-young lodge an official protest and take corrective measures regarding HYBE PR’s negative media manipulation against NewJeans and workplace bullying within HYBE, and reinstate CEO Min Hee-jin to normalize ADOR.
I. We strongly protest against current ADOR CEO Kim Ju-young’s failure to take necessary measures regarding acts that infringe upon and obstruct NewJeans’ entertainment activities.
1. Legal Obligations as ADOR CEO
Article 5, Paragraph 4 of the exclusive contract concluded between ADOR and the NewJeans members stipulates that if a third party infringes upon or obstructs NewJeans’ entertainment activities, ADOR has the obligation to take necessary measures to eliminate such infringement or obstruction.
“Article 5, Paragraph 4 of the exclusive contract concluded between ADOR and the NewJeans members stipulates the obligation of ADOR to take necessary measures to exclude infringement or obstruction if a third party infringes upon or obstructs the entertainment activities of NewJeans.” (Source: Seoul Central District Court Decision 2024KaHap20635).
In relation to this, the court at the time viewed that CEO Min Hee-jin’s written notification to HYBE via email raising issues about the similarities of ‘A’ within HYBE, etc., was “i) given that opinions were raised among the public before and after A’s debut that A’s concept, choreography, styling, etc., were similar to NewJeans, and that Min Hee-jin, as ADOR’s internal director and CEO, bears the duty of care of a good manager or the duty of loyalty to take necessary measures to protect the value of NewJeans, ADOR’s core asset, CEO Min’s act of sending an email raising issues such as the similarity of A to HYBE can be seen as fulfilling the duty of notification stipulated in the shareholders’ agreement to notify HYBE in writing without delay if a negative impact on ADOR occurs.” The court viewed CEO Min’s actions not as a breach of trust against ADOR, but rather as a duty she had to perform as CEO.
However, NewJeans fans cannot help but be concerned whether CEO Kim Ju-young is taking proper measures or neglecting her duties, despite the existence of various serious infringements and obstructions regarding NewJeans’ current activities.
2. Official Protest and Demand for Correction Regarding HYBE PR’s Negative Media Manipulation Against NewJeans and ADOR
On September 26, a recording was revealed in a media report wherein a HYBE PR representative disparaged the Japanese debut achievements of NewJeans, an artist under their own label, and attempted negative media manipulation by claiming ‘NewJeans was gaslighted.’ Even more shocking was the exposure that when the reporter and media outlet in question did not comply, the HYBE PR representative mentioned ‘co-opting’ them, and it was revealed that he actually proposed golf hospitality to the industry department head of that media outlet.(Source: Full transcript of Kim Hyun-jung’s News Show)
Common sense dictates asking: what PR executive of a large entertainment company disparages their own artist’s performance by saying “they actually aren’t doing that well”? However, NewJeans fans were even more enraged after seeing HYBE’s official rebuttal statement. Instead of reflecting on the issue or promising corrective measures, HYBE intimidated the media reporter by stating they would respond sternly.
NewJeans fans demand of current ADOR CEO Kim Ju-young: ADOR also pays a share of the costs and entrusts PR responsibilities to HYBE PR. Reveal what official measures CEO Kim Ju-young has taken to protect the value of NewJeans against HYBE PR spreading negative information rather than positively promoting NewJeans’ activities and achievements. If no measures have been taken against HYBE PR, this means you have taken absolutely no necessary measures to eliminate acts infringing upon and obstructing NewJeans’ activities as the CEO of ADOR, which constitutes a serious neglect of duty.
3. Demand for Fact-Finding Investigation and Correction Regarding Workplace Bullying of NewJeans Members at HYBE
On September 11, NewJeans members personally revealed that they were subjected to personal disregard and bullying by a manager of another team within HYBE. They raised this issue to CEO Kim Ju-young, but did not receive proper follow-up measures under the pretext that ‘there is no evidence and it is too late.’ NewJeans fans are deeply concerned that CEO Kim Ju-young, as ADOR’s CEO and internal director, is not properly protecting the affiliated artists. We demand a proper re-investigation into this matter.
II. We demand that CEO Kim Ju-young and Vice CEO Lee Do-kyung, as internal directors of ADOR appointed by HYBE, compensate for the damages caused by the baseless dismissal of CEO Min Hee-jin, which stopped NewJeans’ subsequent activities, fan meetings, and album production, and immediately normalize ADOR.다.
Occupational Breach of Trust (Article 356 of the Criminal Act) stipulates that a person administering another’s business who, through an act in violation of their duties, gains property benefits or causes a third party to gain them, thereby causing loss to the principal, shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 30 million won.
As an internal director of ADOR, CEO Kim Ju-young bears the duty of care of a good manager and the duty of loyalty to protect the interests and value of ADOR and NewJeans. However, instead of protecting ADOR’s managerial interests and value, CEO Kim Ju-young dismissed CEO Min Hee-jin without any countermeasures for the sake of HYBE (Chairman Bang Si-hyuk) and inaugurated herself as ADOR’s CEO.
The property damage ADOR will suffer due to this is expected to reach hundreds of billions of won. The fan meetings and subsequent album production planned by NewJeans and CEO Min Hee-jin have been halted. For reference, NewJeans’ revenue for the first half of 2024 was 61.5 billion won (a 38.9% increase compared to the first half of the previous year), and net profit was 11 billion won. One securities firm estimated that if NewJeans holds a world tour next year, they would mobilize 500,000 to 800,000 spectators, and estimated ADOR’s operating profit for the year after next at 90 to 100 billion won, valuing ADOR’s enterprise value in the 2 trillion won range. (Source: Hana Securities Research Center HYBE Company Analysis)
However, CEO Kim Ju-young caused damages amounting to hundreds of billions of won to ADOR and acquired property benefits in the form of the position and salary of ADOR CEO by inaugurating herself. This constitutes an act where CEO Kim Ju-young violated the duty of care of a good manager and duty of loyalty as an internal director of ADOR, not for ADOR’s managerial interests but solely for the judgment of HYBE’s top management and to acquire private benefits; this is an act sufficient to constitute occupational breach of trust against ADOR.
NewJeans fans are not merely concerned about ADOR’s property damage. As stated in our first open letter, the current timing is critical for NewJeans, who are in their third year and in full growth. This is common sense for anyone in the entertainment industry. However, NewJeans fans cannot help but be furious that ADOR internal directors appointed by HYBE, such as Kim Ju-young, dismissed Min Hee-jin—ADOR’s CEO and NewJeans’ Executive Producer—without any countermeasures, causing the immediate cancellation of NewJeans’ domestic fan meeting and the suspension of subsequent album production. CEO Kim Ju-young and HYBE should not think of evading their responsibility by engaging in media play claiming that CEO Min Hee-jin refused the service agreement (production duties). How can you demand duties after stripping away rights?
NewJeans fans have sent open letters containing our demands to ADOR’s current board of directors twice, but we have not yet received any response. We are angry that Chairman Bang Si-hyuk and HYBE have ignored and rejected the demands of the NewJeans members.
Finally, we demand once again. Reinstate CEO Min Hee-jin and normalize ADOR so that NewJeans can engage in normal activities free from the parent company HYBE, which infringes upon and obstructs NewJeans’ activities. We warn that if you ignore the fans’ opinions again and take no action, we, as NewJeans fans, may take measures to file criminal complaints holding CEO Kim Ju-young and others criminally responsible.
*Apart from signing the protest letter, we are recruiting Bunnies to join the list of accusers regarding the criminal complaints against HYBE and ADOR being conducted by Team Bunnies (Please understand that only adults aged 19 or older can participate).
-> Link to Recruitment of Accusers
*Period for Signing Protest Letter & Recruiting Accusers: 2024.9.29. ~ 2024.9.30. (Mon) 18:00
Signatures are now closed. Thank you for participating!
Total Signatories: 6,382