On the 14th, the hearing regarding the 'provisional injunction to maintain the status of the agency and prohibit the signing of advertising contracts' filed by ADOR, the largest entertainment company in South Korea under HYBE, against NewJeans (new activity name NJZ) will conclude.
Ahead of this, on the 12th, the fan club of NewJeans, Team Burnies, submitted a petition to the court, adding their support. Team Burnies urged the court to dismiss ADOR's injunction request, stating, "If we are forced into exclusive activities in a hostile environment where the trust has collapsed, it will only prolong the suffering of the members, and fans will not be able to enjoy the members' music and entertainment activities with joy."
ADOR filed for a provisional injunction against the members of NewJeans at the Seoul Central District Court in January this year. This is to ensure that ADOR is recognized as the agency under the exclusive contract until the first instance ruling on the 'confirmation of the validity of the exclusive contract' filed in December of last year, and to prevent the members of NewJeans from independently engaging in any entertainment activities, including advertising shoots, without ADOR's approval or consent.
It is expected that the outcome of whether the provisional injunction will be granted or dismissed depends on whether the NewJeans side can clearly present evidence of ADOR's breach of the exclusive contract and the resulting irreversible collapse of trust, thereby convincing the court.
ChosunBiz summarized three key claims and grounds based on the oral argument materials for the provisional injunction submitted by NewJeans on the 7th.
① Supporting LE SSERAFIM, developing ILY: What about NewJeans?
NewJeans claims that ADOR discriminated against, demeaned, and attacked them. After HYBE acquired Min Hee-jin as the Chief Brand Officer (CBO), it was said that the first girl group under HYBE would be directed (produced) by her; however, it was reported that LE SSERAFIM debuted first through ADOR's subsidiary, Source Music.
Furthermore, it was highlighted that in the 2023 Weekly Music Industry Report, it was suggested that "it would be sufficient to discard New (NewJeans) and create a new structure." It was also emphasized that BELIFT Lab, under HYBE, secured a plan created by Min Hee-jin and presented ILY as an alternative, copying and plagiarizing their concept.
In the evidence sent on November 13 last year regarding the 'demand for correction of exclusive contract violations,' it was noted that the term 'NewR' refers to the female idol groups 'NewJeans, ILY, and LE SSERAFIM' that debuted under HYBE's label. It was claimed that the wording of NewR had caused distress for several days, suggesting that HYBE had decided to abandon NewJeans, which was cited as evidence of discrimination and exclusion, was omitted in this oral argument. It is interpreted as a precaution, knowing that the timing of the report's preparation was before the ILY debut on May 10, 2023, and that the media had grouped NewJeans, IVE, and LE SSERAFIM under the term 'NewR.'
Instead, the report presented the phrase, "While categorizing by grouping 'BLACKPINK-LE SSERAFIM-ESPA-IVE,' there is a need to bring a fundamentally different categorization," suggesting that, even in the so-called 'new structure,' LE SSERAFIM would be included while excluding NewJeans.
The 'ignore Hanni' incident was also brought up. On May 27, 2024, a BELIFT Lab manager allegedly told the ILY members in front of NewJeans member Hanni to 'ignore and pass by,' and the previous claim was reiterated that three ILY members passed without greeting her.
The evidence was a KakaoTalk conversation between Hanni and Min Hee-jin, with much page space devoted to the fact that the video of not greeting was deleted. However, the HYBE side stated that there was no deletion of closed-circuit TV (CCTV) footage and even presented a video in court showing three ILY members greeting Hanni and Daniel, leading to a truth dispute.
The NewJeans side also newly referenced that some ILY members mocked Hanni through words and actions, but did not present evidence regarding what specific mockery occurred.
② After removing the 'key figure' Min Hee-jin, a move to suppress?
ADOR unilaterally expelled Min Hee-jin, who was the foundation of NewJeans' entertainment activities and contributed to their unprecedented success, emphasizing that this itself constitutes a significant breach of management duties. It is claimed that following the change of ADOR's directors to HYBE executives on May 31, 2024, Min Hee-jin was isolated, and her dismissal as CEO on August 27 of that year ultimately led to her resignation (on November 20, 2024).
NewJeans and their parents have repeatedly demanded guarantees for Min Hee-jin's leadership and exclusive producer status; however, this was entirely disregarded, and since no alternatives were prepared, they attempted to effectively suspend activities for 1 year and 6 months. This is interpreted as HYBE mentioning the time required to recruit a Grammy-winning producer, suggesting that they were keeping the artist in limbo like storing items in a storeroom.
An article presented as evidence stated, "Isn't it HYBE's breach of trust to force a girl group, which has been active for less than three years, to take a level of rest equivalent to a military hiatus?" reflecting shareholder reactions from a stock community.
The NewJeans side stated that it is uncertain how much more time it will take to align with a new producer, and the success is also unclear. They appealed that NewJeans, now in their 4th year since debut, would inevitably be marginalized in the entertainment industry if they drag out unnecessary time.
③ Destruction of NewJeans' achievements → Collapse of trust
It was pointed out that ADOR's conflict with the production team, Dolphin Kidnappers, which produced several popular music videos for NewJeans, was also an intentional act to destroy NewJeans' achievements. The incident involved the deletion of the director's cut of 'ETA,' which Dolphin Kidnappers had released on their own YouTube channel as fan service for NewJeans, at the request of ADOR. NewJeans' 'ETA' music video garnered attention as it was filmed with Apple's iPhone 14 Pro.
NewJeans argued that ADOR deleted their achievements and destroyed the trust relationship with Shin Woo-seok, the head of Dolphin Kidnappers, with whom they had a friendly relationship right after Min Hee-jin's dismissal. They claimed that content postings had been agreed upon in advance but that after the change of representatives, ADOR took an extreme stance citing copyright infringement.
In response, ADOR stated that Dolphin Kidnappers had unilaterally uploaded the music video and raised objections, claiming that 'written consent' was necessary, and that there was also opposition from the advertiser (Apple).
Additionally, NewJeans presented evidence that HYBE belittled their achievements in Japan and conducted extensive media play with terms like 'gaslighting,' 'betrayal idol,' and 'NewFifty (NewJeans + Fifty Fifty)' just five days before their comeback, as further evidence of the destruction of trust that made it impossible to continue their contract with the agency.
Unlike a judgment, there is no separate announcement date for the provisional decision. However, considering the purpose of the provisional injunction is to determine a temporary status before the main ruling, the industry expects that a decision will be made around the 21st, a week after the conclusion of the hearing, or at the latest within this month.
NewJeans has announced the release of a new song on the 23rd. This is the debut song under their new activity name, NJZ. If the court grants ADOR's provisional injunction request, the members' plans will inevitably be halted. If the request is dismissed, they will be able to present their new song on stage in Hong Kong as scheduled, but legal battles are expected to continue with a lawsuit to confirm the validity of the contract scheduled for April 3.
The outcome of this lawsuit, including the provisional injunction, is expected to significantly affect the restructuring of the contract relationship between the agency and the artist, so the industry is paying close attention to the results.