Court Rules "Refusal to Rent Gym for Sexual Minorities Is Illegal"

Overturning the First Instance Dismissal Ruling

[Image source=Yonhap News]

[Asia Economy Reporter Oh Gyumin] A court ruling has declared that restricting the use of public facilities on the grounds of being a sexual minority is illegal.

On the 18th, according to the legal community, the Seoul Western District Court Civil Appeal Division 2-1 (Presiding Judge Park Sungkyu) ruled in the appeal trial of a damages claim lawsuit filed by activists of the sexual minority human rights organization Queer Women’s Network against Dongdaemun-gu Office and Dongdaemun-gu Facilities Management Corporation, ordering the payment of 5 million won to Queer Women’s Network and 1 million won each to four activists, totaling 9 million won.

The second trial court stated, “It is reasonable to view that Dongdaemun-gu Facilities Management Corporation canceled the gymnasium rental permit due to sexual orientation, etc.,” and “Such discriminatory acts based on sexual orientation, etc., violate the principle of equality and are illegal.”

The court further added, “The cancellation of the rental permit is not only discrimination against the plaintiff organization but also discrimination against the organizers and expected participants of the sports event,” and “Both the equality rights of the plaintiff organization and the activists were infringed.” Additionally, the court pointed out that the cancellation made it impossible to hold the sports event, forced refunds to applicants, and infringed on the freedom of assembly.

The court also recognized the liability for damages of Dongdaemun-gu Office. The court stated, “It was in a supervisory position over the entrusted affairs of the corporation and discussed response measures to protest complaints together,” and “As the trustee and supervisor of gymnasium operations, it is reasonable to view that the office either instructed the corporation to cancel the rental permit or at least made the decision jointly.”

Previously, the first trial court dismissed the damages claim, stating, “It is difficult to conclude the occurrence of damages based solely on the evidence submitted by the plaintiff organization, and there is no evidence to acknowledge it.”

According to the court, Queer Women’s Network received a rental permit for Dongdaemun Gymnasium from Dongdaemun-gu Facilities Management Corporation in 2017 to hold the first ‘Queer Women’s Recreational Sports Festival.’

However, a representative of the corporation later called the organization, saying, “Isn’t it possible to secure another location?” and “It seems we keep getting calls on our side.” Then, in July of the same year, the corporation notified the cancellation of the permit in writing, stating that ceiling construction of the gymnasium, originally scheduled for July, would be carried out on the rental date after the permit was granted.

This content was produced with the assistance of AI translation services.