Distribution of scenes exposed without Kwak Hyeon-hwa’s consent … Court “Director pays compensation of 20 million won”

Comedian and actor Kwak Hyeon-hwa (39) won a lawsuit for damages against film director Lee Soo-sung, alleging that he suffered mental pain while distributing a film with a breast exposure without his consent.

On the 24th, Judge Lee Ye-rim, who was solely responsible for civil matters at the Seoul Central District Court, announced on the 24th that he ruled in a partial victory for the plaintiff, saying: “Refund Mr. Kwak 20 million won in compensation for damages of 100 million won by Mr. Kwak against Lee. “

According to the court, Kwak signed a contract with Lee in April 2012 to appear in the movie “The House with a Good View.” At the time of the contract, Kwak stated that it was possible to expose the back, but not to expose the entire upper body. However, during filming, Lee convinced Kwak to film the full chest exposure, saying, “The upper body exposure is an essential part of the flow.

After that, after checking the edited version, Kwak turned himself in to Lee to remove the exposure, and the film from which the part was removed was screened in theaters in October 2012. However, about a year later, the Mr. Lee consulted with a film investor to provide a raw version of the film, including the scenes exposed to IPTV, and the film, including the scenes, was distributed as of November 2013.

Knowing this in February 2014, Mr. Kwak complained to Mr. Lee, and Mr. Lee requested that the IPTV service be stopped through an investor at Kwak’s request. However, Mr. Kwak filed a criminal complaint, saying: “After Lee photographed a body that could cause sexual desire or embarrassment, he released it without permission.”

Lee was accused of violating the special law on the punishment of crimes of sexual violence (shooting with cameras, etc.), but the first trial was acquitted, saying: “It is difficult to believe that it was a definitive promise to exclude the exhibition scenes.” .

◇ The criminal complaint is not guilty, “There is no clear contract except for the exhibition scene”

Separately, Mr. Kwak said: “It was agreed not to use the exposed breasts in the film, but without consent, we distributed an unresolved version to infringe on moral rights.” I did it.

Furthermore, he claimed that the online math class contract was terminated due to this incident, insisting on 30 million won for property damage and 70 million won for alimony for mental suffering caused by sexual embarrassment, and a total of 100 won. million won.

Judge Lee, who was in charge of compensation for damages, said: “It cannot be said that Kwak accepted the use of the results of the shots at the time of firing the chest exposure. Rather, we plan to argue again at the editorial stage on whether to use the breast exposure scene. I responded to the filming. “

Furthermore, he noted, “It is difficult to assume that it is naturally presumed that the intent to use Kwak is,” he said. “I can’t immediately admit that the director had the authority to distribute an unrefined version that included the breast exposure scene just because of the fact that Kwak’s exposed breasts were filmed.”

Judge Lee said: “Without Kwak’s consent, Mr. Lee committed an illegal act that violated Kwak’s right to portray by promulgating an unrefined version of the film, which contained sexually embarrassing breasts. It is done. “In addition, he admitted responsibility for a compensation of 20 million won, saying,” This is an entertainer who has an exposed acting history, so it will not be seen otherwise. However, he did not accept the claim. for property damage after termination of the conference contract.

On the other hand, Judge Lee ruled that the plaintiff lost the counterclaim against Lee’s claim for damages of 158 million won against Kwak. Judge Lee said: “It cannot be said that Mr. Kwak was innocent of the director or defamation by specifying false information.”