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Minji, Hanni, Danielle, Haerin, and Hyein, members of K-Pop powerhouse girl group NewJeans, likely believed until three days ago that their Hong Kong performance on Sunday would be one that signified their victory against their record label Ador.
But a Seoul court dashed their hopes on Friday after it ruled against the quintet, granting Ador’s request for an injunction to establish themselves as NewJeans’ management agency and forbidding the group to pursue any kind of independent activity – making music, performing, or signing advertising deals.
NewJeans and Ador have been embroiled in a feud since last year’s ouster of Min Hee Jin, the band’s former creative director and Ador’s former CEO, by Ador’s parent company Hybe.
Matters came to a head after the group held a press conference, unilaterally declared their exclusive contract with Ador invalid, and accused the agency of having “neither the ability nor the will to protect” NewJeans.
Ador denied the band’s allegations of mistreatment and bullying, maintained that they had “not violated the terms of the agreement”, and argued that a “unilateral claim of a breach of trust does not constitute valid grounds for terminating the contract”.
NewJeans were scheduled to perform on Sunday at ComplexCon Hong Kong where they had previously announced they would release a new song under the new name they debuted last month: NJZ.
As fans were to discover, however, the performance that should have felt like a triumph ended up a little more somber.
The mood on the ground resembled a regular festival or concert atmosphere; “Bunnies”, the official name of NewJeans’ fandom, showed up with light sticks and dressed in band merchandise, rushing to buy more from the booth, and writing messages of support on the walls.
A key detail to note: the name on the group’s booth and merchandise said NJZ, not NewJeans.
After the court’s order on Friday, a statement from Ador said the company was “fully committed” to the group and would be “fully present” in Hong Kong to “guarantee the performance is presented under the NewJeans name”.
When the performance began, none of the members performed NewJeans songs or even performed together. Danielle sang TLC’s “No Scrubs”, followed by Minji’s rendition of Upsahl’s “Smile for the Camera” and Haerin’s “Dontcha” by the Internet.
Hyein and Hanni rounded out the covers with their takes on SWV’s “Use Your Heart” and Ghost Town DJs’ “My Boo”.
Finally, they came together in synchronised costumes, with Minji’s tights reading Chapter NJZ. They performed a new song, “Pitstop”, complete with their signature, fluid style of choreography that set the group apart from their K-Pop peers.
And then, the band read out prepared speeches, in Korean and English, to the 11,000-odd sold-out audience. They would be going on hiatus, they said.
“It’s really hard for us to say this but this might be our last performance for a little while. Out of respect for the court’s decision, we’ve decided to pause all our activities for now. It wasn’t an easy decision, but we believe this is something we need to do at this moment,” they told the crowd.
“Honestly, we’ve known from the start that this journey wasn’t going to be easy and even though we accept the court’s ruling and this whole process, we had to speak up to protect the values that we believe in, and that was a choice that we don’t regret at all.
“We surely believe that standing up for our dignity, our rights and everything we deeply care about is something we had to do, and that belief will not change.”
The group added that the decision might be “disappointing or upsetting but it was not an easy decision for us to make either”.
“But right now, though, it feels too hard to keep going at this pace, and as strong as we are trying to stay, it has honestly taken a bit of mental and emotional toll on us. However, this doesn’t mean that we are going to give up. We will keep pushing forward no matter what.”
South Korean media reported that Ador staff went to ComplexCon, but were unable to meet the group. Responding to the hiatus announcement, Ador said it “deeply regrets that, despite the court’s decision, a performance was carried out under a name other than NewJeans, and that an abrupt suspension of activities was announced unilaterally”.
“Ador remains committed to doing its utmost for NewJeans under a valid exclusive contract. We hope to meet the artistes soon to discuss their future.”
As things stand now, it appears NewJeans intends to do nothing until the resolution of the main lawsuit with Ador over the legitimacy of their unilateral contract termination. The first hearing is set for 3 April.
After Friday’s ruling, the group’s statement implied the same. The band said while they respected the court’s decision, they believed it didn’t “fully take into account the complete breakdown of trust” between the group and the agency.
“It is important to note that an injunction is a provisional measure. A separate main lawsuit regarding the validity of the exclusive contract termination is currently underway, with a court hearing scheduled for April 3. Unlike injunction proceedings, the main lawsuit allows us to freely utilise civil procedure tools to collect necessary evidence,” they said.
“As we have stated before, regardless of any financial matters, we can no longer remain with a management that has disrespected our identities and undermined our achievements.”
While fans stand by the group, as their messages on social media show, experts don’t share their optimism.
“Under the Korean judicial system, in cases like this where an agency files an injunction to suspend an artist’s activities, the proceedings are generally very favourable to the artist,” Sangrock Kho, a lawyer at the South Korean Law Firm Pil, told CNN, adding that Friday’s decision suggested NewJeans’ legal case was “either extremely weak or virtually nonexistent”.
“This is because courts are usually extremely reluctant to issue injunctions that could cause irreparable harm to an artist’s career by restricting their freedom of occupation,” the lawyer said.
“Given that, the fact that the court has nevertheless issued this type of injunction suggests that, after reviewing all the claims, evidence, and extensive presentation materials … the court concluded that NewJeans’ argument – that the breakdown in trust was entirely caused by Hybe and Ador – lacks sufficient legal basis.”