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3. 2023 – Settlement Data Dispute
CBX filed a complaint with the Korea Fair Trade Commission (FTC) — not a lawsuit, which many people confuse.
Main Concerns
• Lack of transparency in income deductions categorized as “miscellaneous costs.”
• Continued use of long contract periods, despite prior regulatory guidance.
SM Entertainment’s Response
• Maintained that the contracts were not exploitative.
• Initially suggested CBX were influenced by a third party (MC Mong) and raised concerns about a possible “double contract,” but later apologized for this claim.
• Settlement data was made available for review with the consent of other EXO members, since the joint accounting system included every member’s financial details, including CBX. CBX signed an NDA, but copies of the data were not provided, only on‑site inspection was allowed.
Legal Context
Under the Popular Culture and Arts Industry Development Act (Article 14), settlement statements should include clear, itemized breakdowns of individual earnings.
• A May 2024 amendment further clarified that such data should be provided to artists upon request without delay.
CBX’s Position
CBX argued that SM uses a pooled accounting system, combining solo, unit, and group revenues, making it difficult to determine individual earnings.
• Courts later did not affirm it as unlawful, only that insufficient evidence was presented to prove illegality.
Status and Outcome
• During the dispute, CBX had not received copies of their settlement data and were limited to on-site inspection.
• Regulatory authorities later found no legal violation.
• Importantly, this does not confirm that SM’s accounting is definitively correct, only that illegality was not proven under the available evidence.
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4. June 19, 2023 – Agreement Reached
CBX and SM reached a revised agreement to resolve the 2023 dispute and ensure continued group activities, as the EXIST comeback was in progress. This agreement reaffirmed that their exclusive contracts remained valid, establishing new terms moving forward.
• The original 5-year extension was reduced to 3 years.
• CBX would continue participating in EXO group activities under SM.
• Solo and sub-unit activities would be managed under their individual label, INB100.
• CBX agreed to pay SM 10% of revenue (income before costs), as stipulated in a written agreement.
• Reports say Kakao’s distribution rate was verbally promised and agreed to drop from 20% to 5.5%, in exchange for a 10% revenue share.
- CBX claims this was a binding condition of the agreement.
- SM’s position is that it was not formally guaranteed or contractually enforceable.
- This issue remains unresolved and has not been definitively ruled on by a court.
The dispute in 2023 was resolved within approximately two weeks. Baekhyun later stated during an Instagram Live that both sides had reached an understanding and revised the agreement, allowing activities to proceed.
Following the resolution, preparations for EXO group activities resumed, including albums, fan meetings, and other promotions.