A model caused a social controversy. Can I file a damages civil lawsuit?

Hello. This is a damages attorney at Daeryun Law Firm (LLC).

You inquired about a damages civil lawsuit. You must have been very surprised by the unexpected situation.

First, the legal grounds for which damages can be claimed are as follows.

According to Article 390 of the Civil Act, if the debtor does not perform according to the contents of the obligation, the creditor can claim damages.

Also, according to Article 750 of the Civil Act, if damages are caused to others by intent or negligence, liability for damages arising from tort arises.

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

The dignity maintenance agreement is a clause that imposes the obligation to maintain a certain level of social honor, and there are precedents that liability for damages may arise if the model violates this.

[Supreme Court Decision dated May 28, 2009, Case No. 2006Da32354]

If a model has concluded a dignity maintenance agreement to maintain a certain level of honor as above, they have a duty to maintain a positive image of themselves suitable for advertising during the contract period.

However, if they fail to perform this, they cannot be exempt from liability for damages due to default of the advertising model contract.

Therefore, if damages are caused to the advertiser due to the model's clear image damage such as causing social controversy, damages can be claimed.

To actively respond to such damages, consultation with a damages attorney is important before filing a damages civil lawsuit.

I recommend responding to the case after a comprehensive legal review including contract content analysis, scope of damages, and methods of proof.