[Very important!] Misunderstanding caused by cultural difference: Rain is a victim!

Why Rain had no authority to enforce the concert or to cancel?

Korean Idol singers usually sign a 5-year contract with a management company just before their debut and the income is managed by the management company who pays out according to the contract. Normally 80% of the income goes to the management company and once the singer gains the popularity, the singer can get up to 50% of the income.
In Korea, entertainers are just like contracted workers in any industry; only difference is that they are working in the entertainment industry. However, they have to bear such an unfair contract in order to work in the entertainment industry.

The problems of Korean entertainment management company are clearly shown in the following statement released from Fair Trade Commission

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On the 20th Nov 2008, Fair Trade Commission examined top 10 biggest Entertainment Management companies, and requested to modify or delete 10 unfair clauses present in the contracts between the companies and their entertainers.
Examples are shown below;

"Affiliated entertainers must discuss personal problems such as education, relationships, financial matter, means of transportation and etc., with the management company beforehand, and must follow under the company's supervision. (JYP Ent)
"The company can transfer a part or the entire contract to another management company." (SM Ent)
"If the company is taken over by a 3rd part who obtains the company’s main assets or shares, all the authorities and obligations of the contract are also handed over to the party who obtains the company. " (StarM)
"Affiliated entertainers must inform their location to the company "(OliveNine)
"Affiliated entertainers must participate all the events that the company is organizing for free of charge whenever the company requests "(BOF)

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In such a structure, the entertainer has no authority over his/her own concert - they only sign only signs on the paper for a confirm!!ation when the management company decides to hold a concert. Korean management companies have power and authority over the entertainers; therefore, the entertainers have no choice but must follow their company's decision even though it may seem unreasonable.

Rain is also an entertainer in Korea. Although it was his concert, he couldn't make any decision and had no authority to cancel the concert. He could only perform on the stage.
"Star M" had the authority to cancel the concert since the company had the copyright for the concert.

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Related data: PD report(2007. 7. 17. MBC)

Star M President said,

"Rain came to the back stage at 3pm with tears in his eyes. And he stood firm that the conert must go on regardless of any circumstance. But I mad a decision to cancel the show."

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The reason why Rain did not re-sign with JYP and established his own company is because he couldn't do anything on his own except performing on the stage like a puppet.
Establishing one's own entertainment company is a common practice in Korea because of such constrains that the management company puts on the singers/entertainers.

Rain was preparing for concert in Hawaii.

The evidence given in court by Rain can be seemed insufficient but there is an clear evidence.

The following article shows that Rain went to the USA embassy to apply for a Visa as soon as he came back from Thailand concert.

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RAIN: The US Embassy surrounded by a massive number of Rain’s fans
Entered 2007-06-07 07:52

Rain got covered in sweats after visiting the USA embassy.

On the 5th, Rain got in trouble when he visited the USA embassy due to a large number of fans gathered around him.
In the morning of the same day, Rain went to the USA embassy to apply for a Visa and an interview as soon as he came back from Thailand.
Rain has to apply for the US Visa, since he is scheduled to have concerts in Hawaii on the 15th, Atlanta on the 19th, New York on the 23rd, LA on the 30th, and etc[omitted]

Sportshankook
http://news.naver.com/main/read.nhn?mode=L...;aid=0000383299

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Rain cannot manage the concert staff's Visa, and this lawsuit wasn't targeted to the staff.
Rain paid a visit to the US embassy to apply the US Visa in order to perform in Hawaii. Doesn't it give a clear intention that his commitment to his concert in the US?

Rain never gave up the concert on his own will.

In 2005 Rain successfully completed "Rainyday" concerts in Korea, Japan, China, Hong Kong, Taiwan, Thailand, and the USA (New York) without canceling a single concert.
Also in 2007, his "Rain's coming" concerts in Korea, Hong Kong, Singapore, Malaysia, Vietnam, Taiwan, Australia, Japan, Thailand, the USA (Las Vegas), and etc. were successfully completed. Few of his USA concerts were canceled due to a copyright issue and a problem during a concert preparation. And there are no connections to Rain's intention whatsoever.

Of course there was a time when a concert almost got canceled because of Rain.
That was when Rain fractured his arm after falling off from the stage during the second day in Hong Kong. And no one could stop Rain's willingness and commitment to his concert. Rain, with his injured arm, still performed enduring a great pain whenever powerful dance moves were made.
And to keep his promise with his fans, he continued his concert in Hong Kong on the third day, then in Singapore and Malaysia with his fractured arm.

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It is unfair to sentence unreasonable amount of punitive damage to a Korean artist who had no authority over the contracts which have made by the management company in Hawaii.
In fact, a lot of Koreans are puzzled over the lawsuit. Rain and his fans expected that Rain would win this lawsuit, because Rain's former management company 'JYP', and 'Star M', who had the copyright for the concert, have the ultimate responsibility for the concert.
Revolution Entertainment, which was a sub contractor of the Hawai promoter Click Entertainment, was the company took in charge of the concert and it is obvious that Revolution Entertainment is responsible for canceling the concert.

Rain won the lawsuit for the same case in Korea because a correct analysis of cause and effect has been exposed to the judge and that concluded Rain is not responsible for the damage and actually he also was a victim of the fraud.

It is illogical that the artist, who clearly intended to perform the concert, should take the responsibility because the companies who should take responsibility are closed down to avoid their responsibility.

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Please distribute this article all around the world. You can fax it to journalist or judge in Hawaii if possible.

Credit: rain bird@rain-eu.com