fakecoke:

based on the confusing and conflicting information we have right now (whether kris is being sued at all or if this is only about Luhan’s KanS endorsement deal) this is all u need to know-

1. there is no “legally right” or “legally wrong” in this particular case. don’t believe any teenaged kpop tumblr kid telling you otherwise. hell, one of the first things you are taught in law school is that there is no such distinction, any case can be argued on any side, it’s part of being a good lawyer/academic.

2. with respect to the merits of the case and the suit being filed by SM in China, i’m gonna direct you to this reply x by daddy-yifan who has done a good job of explaining why SM’s suit is nonsensical- unless they are specifically filing for compensation for luhan’s KanS deal being in violation of the non-compete clause in his contract w SM or Nature Republic (but then again why isn’t nature republic suing his ass for that). If i’m not wrong, Kris’ mengniu ice-cream deal is irrelevant because exo’s baskin robbins endorsement deal didn’t come around until after kris left, and he is not legally bound by it. Even though the korean law precedent from JYJ’s case is not relevant, it gives a good idea to y’all as to how courts decide these kinds of issues.

3. it is a common principle of law that when a contract termination proceeding is underway, the plaintiff has a right to employment during that period. in certain jurisdictions injunctions can be sought for the purpose if the law or local jurisprudence does not provide for this arrangement. kris and luhan not only had a right to pursue employment in korea as long as they did not violate their non-compete, they were smart enough to come to China, a different jurisdiction to do so.

4. SM choosing to sue them in china is maintainable only if their (kris’,luhan’s) original employment contracts with SM had a special clause for venue for dispute settlement for activities within china. SM choosing this route despite ongoing mediation is referred to as parallel proceedings. it’s generally used by attorneys when they want to create problems for the other side when they are up against the wall themselves, or are choosing that particular jurisdiction (form of forum-shopping) because they foresee greater benefit from doing so. also don’t forget that the basis on which they are claiming compensation from kris and luhan is the very same basis on which proceedings are already ongoing in korea. 

5. the only real loser in this entire situation is SM. Even if they are to succeed against Luhan for the KanS endorsement, they are losing so much face in China, and this is just deepening the perception of koreans being greedy and unethical.

tl;dr- SM is desperate, will do anything for money including making themselves look bad by forum-shopping. Kris and Luhan’s interests will not be compromised so easily by any chinese court no matter how limited the role of the judiciary in china. 

stop spreading misinformation spouted by bloggers who don’t know the law and will say anything based on their personal opinion.