Singer Lee Seung-hwan has won a partial victory in the first trial of a damages lawsuit filed against Gumi City, which unilaterally canceled his concert two days before the scheduled date, citing an infringement on his freedom of expression (the freedom from censorship).
On the 8th, Judge Park Nam-jun of the Seoul Central District Court (Civil Division 913) ruled partially in favor of the plaintiffs in the 250 million KRW damages suit filed by Lee Seung-hwan, his agency Dream Factory Club, and 100 concert ticket holders against Gumi City and Gumi Mayor Kim Jang-ho.
The court ordered Gumi City to pay 35 million KRW to Lee Seung-hwan, 75 million KRW to his agency Dream Factory Club, and 150,000 KRW to each of the 100 ticket holders who participated in the lawsuit.
The case began when Lee Seung-hwan's concert, 'HEAVEN', scheduled to take place at the Gumi Culture & Arts Center on December 25, 2024, was abruptly canceled two days prior.
At the time, Gumi City canceled the venue rental, citing "concerns for the safety of citizens and the audience." Previously, after Lee Seung-hwan remarked at another performance regarding the impeachment motion against former President Yoon Suk Yeol, saying, "It's good that he is being impeached. It seems like it will be a more comfortable world ahead," some civic groups had announced protests against his concert. Gumi City demanded that Lee Seung-hwan sign a written pledge stating he would "not engage in political agitation or remarks that could cause political misunderstanding." When Lee's side refused, the city decided to cancel the rental.
In response, Lee Seung-hwan strongly protested at the time, stating, "Demanding a written pledge that is not in any rental regulations right before the performance is unjust." He argued, "This is something that should not happen in the Republic of Korea, a democratic country that prioritizes freedom of expression," adding, "A public institution demanded that a creator sign a document in advance promising not to make 'politically misunderstood remarks,' and when it was not followed, disadvantages occurred." He further emphasized, "Many fans suffered damages not only from ticket costs but also from travel and accommodation expenses. This case is a matter of freedom of expression."
In fact, the cancellation drew criticism from inside and outside the music industry, with many calling it "excessive prior censorship by an administrative agency." Some musician organizations issued statements pointing out that "Gumi City's decision is a case of infringing on the freedom of art and expression." On the other hand, Gumi City maintained its position that "there were concerns about potential physical clashes with anti-concert protesters," and that "it was a decision made in consideration of the safety of the audience and citizens."
Meanwhile, Lee Seung-hwan had also filed a constitutional complaint regarding the concert cancellation, but the Constitutional Court dismissed the case, stating that "it is a matter that has already concluded and lacks the interest of rights protection."
(SBS Entertainment News | Kang Kyung-youn)