Legal Confusion Over 'Tampering' in HYBE and Min Hee-jin's Lawsuit Raises Concerns

The court handling the lawsuit between former ADOR CEO Min Hee-jin and HYBE expressed unfamiliarity with the term 'tampering' during a recent hearing. This term was a key issue in a previous lawsuit involving a put option between HYBE and Min.

On the 26th, the Seoul Central District Court's Civil Division 31 (Presiding Judge Nam In-soo) held the first hearing for a 43.1 billion KRW damages lawsuit filed by ADOR against Min and former NewJeans member Daniel, among others.

During the hearing, the court remarked, "The plaintiff mentions 'tampering' (an act where a third party induces a breach during an exclusive contract period), which is unfamiliar. It's a term often used in mechanical engineering," and requested related civil case precedents.

ADOR responded by mentioning an ongoing tampering-related lawsuit in the High Court involving former Fifty Fifty members Saena, Sio, and Aran against the agency ATTRAKT. The court then inquired if this case directly addressed tampering allegations.

The legal community expressed surprise at the court's questions, given that 'tampering' was a central issue in the February put option lawsuit. The court should have thoroughly examined the concept and its implications. If the court ruled without understanding tampering, it could raise questions about the fairness of the proceedings. Notably, the court did not use prior judgments as a basis but relied on securities analyst reports and police records, leading to fairness concerns.

A former judge-turned-lawyer commented, "The judge's remarks could be misunderstood as ignorance of the key issue, but it seems they requested a broader investigation into tampering cases."

Legal judgments on tampering vary. The current court sided with Min in the February put option case, dismissing HYBE's claims that Min planned tampering to induce NewJeans members to leave.

In contrast, another court previously ruled against Min, stating she prepared a media campaign to separate ADOR, including NewJeans, from HYBE. In June, an appellate court also found Min intentionally disrupted the contractual structure.

Industry insiders argue that tampering hinders the K-pop industry's growth and call for legal penalties to maintain trust between artists and agencies. Culture Minister Yoo In-chon also emphasized the need for industry efforts to address tampering during a 2024 National Assembly audit. In February, the Korea Music Content Association expressed concern that actions perceived as tampering might be misinterpreted as legitimate business practices.

Reporter: Min-kyung Lee, TenAsia 2min_ror@tenasia.co.kr