Failing to Not Be Beaten Up as Breach of Contract

(image property of Saigon Times USA)

Today, the Supreme Court of Korea awarded a construction company 3 billion won ($2.4 million) of a dead woman's money.

The construction company sued actress Choi Jin-sil, who committed suicide last October. The company hired Choi as a model in March 2004. Their contract stated that she would have to pay back 500 million won ($399,000), if she "depreciated the company's social reputation."

In August, Choi appeared on television and newspapers with a face full of bruises caused by the abuse of her (then) husband. The company sued her for3 billion won, including the 500 million won in damages, as well as 400 million "additional compensation" and 210 million won in advertising costs.

In the court's opinion, "The purpose of the brand model contract is to use the model's social reputation and images to draw the customers' interest . . . The model's failure to maintain an adequate image constitutes a breach of the hiring contract. . . . The concept of the apartment which Choi was supposed to advertise was dignity and happiness, and Choi, as its model, was under the obligation to act accordingly." (emphasis is mine)

Either contract law here differs fundamentally from what we study in the U.S., or the Supreme Court justices just spent too much time in Contracts class cruising Facebook while the prof droned on about defenses and excuses.