Idol Trainee Held Liable for Damages Due to Tattooing and Unauthorized Leave from Agency

A trainee who was included in the debut lineup of an idol group has been held liable for damages due to getting a tattoo without the agency's consent and leaving their residence without permission.

The Seoul Central District Court ruled that the trainee should compensate only 5 million won out of the 80 million won claimed by the agency.

According to the legal community on the 23rd, Judge Lee Baek-kyu of the Seoul Central District Court's Civil Division 96 recognized the trainee, referred to as A, as liable for 5 million won in a damages claim filed by an entertainment company.

The trainee and the agency signed an exclusive contract around June 2018, which included provisions for the distribution of earnings from entertainment activities as well as clauses concerning conduct constraints for idol trainees. The contract restricted actions that could harm the public image of the trainee, such as hairstyle, tattoos, dating, club attendance, drinking, and smoking, stating that each violation would incur a liability of 30 million won.

However, A preemptively left the accommodations without the agency's consent around October 2018 and was found out, receiving a warning after getting a tattoo on the back of their neck. Due to these contract violations and a deteriorating relationship with other members, A was excluded from the final debut lineup of the group that began activities in June 2019.

Subsequently, the agency filed a lawsuit seeking damages of over 80 million won due to A's breach of their exclusive contract. This amount combined the liabilities due to termination of the contract caused by A's fault along with the penalty specified in the contract.

The court stated, "It is recognized that A left the residence without permission during the exclusive contract period and underwent a tattoo procedure without the agency's consent," acknowledging A's obligation to pay the penalty. However, the court judged, "Considering that the unauthorized leave occurred only once, and that the tattoo was small and not easily visible on the back of the neck, the severity of the violations is not serious."

The court ruled that "penalties exceeding 5 million won go against public morals," thereby acknowledging only 5 million won out of the agency's claim for 80 million won. This ruling can be viewed as a case that interprets the scope of liability for breaches of obligations restrictively in the contractual relationship between an idol trainee and the agency.

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