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Legal expert says main trial could take up to two and a half years
NewJeans is facing what may be the most difficult moment in its short but high-profile career.
The girl group chose not to re-appeal in a court case that had barred them from pursuing independent activities without their agency Ador. Under Korean law, a re-appeal to an injunction ruling must be filed within seven days of notification. Since NewJeans did not meet the deadline, the ruling became final at midnight on Wednesday.
The injunction, upheld by the appeals court, recognized Ador as the group’s legal agency and prohibited the members from signing advertising or commercial deals without Ador’s involvement. NewJeans’ decision not to contest the ruling suggests the group has opted to shift its focus — possibly to the main legal battle over the validity of its contract.
Why the group declined to re-appeal
Entertainment lawyer Bae Jin-sung of Law Firm Myoungjae believes there are two likely reasons for NewJeans’ decision not to re-appeal.
“Trials in Korea go through three stages. The first and second instances are fact-finding trials, while the third is a legal review based on those facts,” Bae told The Korea Herald, Thursday. “Since the factual circumstances haven’t changed, NewJeans likely determined there was no legal merit in pursuing another appeal.”
The second reason, Bae said, may have been strategic.
“They may have wanted to avoid appearing defiant of the court’s decision, especially since it could influence the main lawsuit still in progress.”
That main lawsuit began in January, when Ador filed a lawsuit to confirm the validity of its exclusive contract with NewJeans. The girl group had unilaterally announced the termination of its exclusive contract with the agency in November, citing a breach of trust. The case is currently in the first trial stage, with the third hearing set for July 24.
While the recent injunction decision is technically separate from the contract validity case, Bae said it may carry indirect weight.
“The judge in the main case is not legally bound by the injunction ruling, but it could serve as a reference point and may have intangible influence,” he said.
How long will the lawsuit take — and who stands to lose more?
According to Bae, the main trial could take up to two and a half years, though some extreme cases take up to five years.
“Realistically, each trial level typically takes six months to a year, and even if the case goes all the way to the Supreme Court, it’s unlikely to stretch out to five years,” he said.
If NewJeans eventually wins, the earlier injunction that upheld Ador’s status as NewJeans’ agency would become void. This would allow the group to resume independent activities. However, Bae added that Ador could then raise a separate legal claim for lost revenue during the group’s inactive period — setting the stage for further litigation.
The stakes are high. NewJeans, which debuted in July 2022, is in a key growth phase when constant activity is vital to maintaining its momentum. In contrast, Ador has less to lose, as it can create a new group.
Bae also weighed in on NewJeans’ legal argument, based on five claims — one of which was the dismissal of former Ador CEO Min Hee-jin.
“It’s difficult to comment definitively without reviewing the evidence,” he said. “But based on what has been made public, NewJeans’ chances of winning seem low.
“For example, they cited Min’s dismissal as a breach of contract, but that’s a shareholder right. It’s hard to legally frame that as a betrayal of trust or contractual violation,” he added.
