Company sues dead South Korean actress for being beaten - and wins

Models who failed to maintain appropriate dignity as representatives of the products they represent should compensate for the damages caused to their advertiser, the top court ruled.

The Supreme Court reversed the original ruling and ruled in favor of a construction company that filed a suit against the deceased actress Choi Jin-sil, who committed suicide last October.

The company, upon hiring the top actress as their representing model in March 2004, concluded a contract stating Choi's duties to pay back 500 million won ($399,361), should she depreciate the company's social reputation.

However, in August, Choi appeared on television and newspapers with her face full of bruises, allegedly caused by the violence of her then husband and retired baseball player Cho Sung-min.

Choi and Cho, who had been living apart since 2002, divorced soon after the incident.

The advertiser company thus filed a suit against the actress, requesting for 3 billion won as compensation. The amount included the 500 million won in damages as stated in the contract, additional compensation of 400 million won and 210 million won in advertising costs spent by the company.

"The purpose of the brand model contract is to use the model's social reputation and images to draw the customers' interest," said the Supreme Court in the ruling. "The model's failure to maintain an adequate image constitutes a breach of the hiring contract."

The concept of the apartment Choi was supposed to advertise was dignity and happiness, and Choi, as its model, was under the obligation to act accordingly, said the court.

A lower court said in an earlier ruling that Choi could not be held responsible for depreciating the image of the apartment or the company as she had not been proven guilty of causing her former husband's violence.

Choi's mother presented herself at court, as legal representative of her two children who succeeded their mother's duties and became defendants of the case.

The estimated value of Choi's estate is about 5 billion won, including real estate and bank savings, according to her family.

http://www.koreaherald.co.kr/NEWKHSITE/data/html_dir/2009/06/05/200906050055.asp ◦

Company sues dead South Korean actress for being beaten - and wins