NewJeans: Court rules against embattled K-pop band days before headline show

NewJeans perform on stage during the 2023 World Scout Jamboree closing ceremony at Sangam World Cup stadium in Seoul, South Korea. (Korea Pool/Getty Images via CNN Newsource)

A South Korean court has ruled against K-pop band NewJeans in its long-running dispute with record label Ador, upholding an injunction that temporarily prohibits the group from carrying out independent musical or commercial activities.

At a Friday hearing, the Seoul Central District Court said the band’s attempt to rename itself and break away from Ador could “seriously damage” the label’s reputation, according to court documents.

The five-piece group, which recently announced it was rebranding as NJZ, has repeatedly claimed its contract with Ador to be void amid allegations of mistreatment. The band’s members have accused the label of “manipulation,” “deliberate miscommunications” and workplace harassment.

Ador has meanwhile disputed those allegations and asserted that NewJeans remains under contract, meaning its members cannot carry out entertainment activities without the label’s approval. Ador — a subsidiary of Hybe, the entertainment giant behind K-pop acts including BTS — added in an email to CNN that “most” of the NewJeans’ allegations “have arisen from misunderstandings.”

The legal battle has gripped South Korea since last November, when NewJeans staged an emotional press conference announcing it was terminating its contract with Ador. Last month, the band’s members announced they were changing their name to NJZ. Speaking to CNN at the time, band member Pham Ngoc Han, who goes by Hanni, said the move was a way of “turning this rough period of time into something more exciting.”

The ruling comes just days before a scheduled headline performance at the ComplexCon Hong Kong festival, where the group was due to perform under the name NJZ for the first time. In a statement posted to social media on Friday, the band confirmed that Sunday’s appearance would go ahead to “prevent unnecessary disruption or harm to those who have been looking forward” to the show.

In a statement welcoming the court’s decision, Ador appeared to support the band’s decision to perform in Hong Kong — on condition it did so under the name NewJeans.

“With our status as NewJeans’ exclusive agency now legally affirmed, we are fully committed to supporting the artists going forward,” added the statement, which was shared with CNN via email. “We will be fully present at ComplexCon this weekend to guarantee the performance is presented under the NewJeans name. We eagerly anticipate meeting with the artists for a heartfelt conversation at the earliest opportunity.”

NewJeans emerged as one of South Korea’s most successful pop acts after topping the country’s charts with debut single “Attention” in 2022. The band has since achieved international success, with the crossover hit “Super Shy” reaching number 1 on the US Billboard 200. In addition to Pham, the group’s other members — who go by their given names and are all currently aged under 21 — are Haerin (Kang Haerin), Minji (Kim Minji), Hyein (Lee Hye-in) and Danielle (Danielle Marsh).

Their battle with Ador has been closely watched, not only by the group’s fans — who are affectionately known as “bunnies” — but by the South Korean music industry at large.

Last month, a group of five major industry bodies, including the Korea Entertainment Producers’ Association and the Recording Industry Association of Korea, published a joint statement condemning a practice they called “tampering,” whereby external parties sidestep agencies to form direct business relationships with bands that are under contract.

The statement cited NewJeans’ “independent activities” as an example, without naming any third parties. It also called for regulatory measures to “eradicate tampering” and “ensure the healthy and sustainable development of the pop culture and arts industry.” It also called on “certain agencies and artists to stop manipulating public opinion for their own benefit.”

Friday’s decision follows a preliminary hearing earlier this month, where each band member addressed the court to detail their allegations of unfair treatment. Ador, meanwhile, argued that the band’s success had only been possible thanks to its investment.

The injunction is effective immediately, with a lawsuit filed by Ador set to be heard in full on April 3. The band said it “respects” the court’s initial ruling but plans to challenge the decision by raising “additional legal issues” and submitting further supporting evidence ahead of the next hearing.

Although temporary, the injunction is “quite significant” as it signifies that the band’s legal case is “either extremely weak or virtually nonexistent” according to Sangrock Kho, a lawyer at South Korea’s Law Firm Pil.

“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 favorable to the artist,” he told CNN over email. “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.

“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.”

By Oscar Holland, CNN and Gawon Bae, CNN in Seoul

CNN’s Stephy Chung, Yoonjung Seo and Kim Sumi contributed to this report.