A model's social controversy: is a civil lawsuit for damages possible?

Hello. This is a damages attorney at Daeryun Law LLC.

You have inquired about a civil lawsuit for damages. You must have been quite alarmed by this unexpected situation.

First, the legal grounds on which a claim for damages is possible are as follows.

Under Article 390 of the Civil Act, if the debtor does not perform in accordance with the content of the obligation, the creditor can claim damages.

In addition, under Article 750 of the Civil Act, where a person intentionally or negligently causes harm to another, liability for damages arising from a tort arises.

When concluding an advertising model contract with a celebrity, it is generally common to also include a 'dignity maintenance agreement'.

A dignity maintenance agreement is a clause that imposes a duty to maintain social reputation above a certain level, and there is precedent that liability for damages may arise if the model violates it.

[Supreme Court 2009. 5. 28. Decision 2006Da32354 ]

If a model has concluded a dignity maintenance agreement to maintain a certain level of reputation as described above, the model has a duty to maintain their positive image suitable for advertising during the contract period.

However, if the model fails to perform this, the model cannot escape the obligation to compensate for damages arising from the nonperformance of the advertising model contract.

Therefore, if damage has arisen to the advertiser due to a clear damage to image, such as a model causing social controversy, you can claim damages.

In order to actively respond to such damage, a consultation with a damages attorney before filing a civil lawsuit for damages is important.

We recommend that you respond to the case after a comprehensive legal review, including an analysis of the contract, the scope of the damage, and the method of proof.