Lawsuit sought captioning and audio support for visually and hearing-impaired moviegoers

Supreme Court says appeals court gave excessive weight to theaters' financial burden

Case sent back to Seoul High Court for reconsideration

An Easy-Read ruling issued by the Supreme Court for visually and hearing-impaired parties. [Supreme Court]
An Easy-Read ruling issued by the Supreme Court for visually and hearing-impaired parties. [Supreme Court]

South Korea's Supreme Court has ruled that movie theaters must provide audio descriptions, subtitles and assistive reception devices so that visually and hearing-impaired viewers can watch films without discrimination — the first ruling the court has issued in Easy-Read format.

The Supreme Court's First Division, presided over by Justice Cheon Dae-yeop, sent the case back to Seoul High Court for reconsideration of the portions in which the plaintiffs had lost at the appellate level. The court noted that sign-language interpretation had been provided for the hearing-impaired plaintiffs at sentencing, and that an Easy-Read version of the ruling had been prepared alongside the standard text.

The four plaintiffs, who have visual and hearing impairments, filed the lawsuit in February 2016, saying that while Korean films were drawing audiences of about 10 million, people with disabilities were not among them. They argued that the theaters' failure to provide audio descriptions, subtitles and compatible reception devices constituted discrimination against people with disabilities.

The trial court ruled in their favor.

In February 2017, the first-instance court ordered theaters to provide audio descriptions and subtitles for films whose producers or distributors had supplied the relevant files, and to make available assistive devices such as FM hearing aids. It further ordered theaters to publicize which films and screens offered audio descriptions and subtitles, and to provide Braille materials and sign-language interpretation.

The appeals court also sided with the plaintiffs in January 2021, ruling that the discrimination must be corrected, but it narrowed the scope of the remedy.

The appellate court ordered theaters with more than 300 seats to screen barrier-free films — those with audio descriptions and text subtitles — for at least 3 percent of total showings, a decision that took into account the costs theaters would have to bear.

The Supreme Court found that reasoning flawed, saying the appeals court had placed excessive weight on the theaters' costs while failing to give adequate consideration to the rights of people with disabilities.

The court said its ruling must "achieve a reasonable balance between the constitutional ideal of protecting people with disabilities and the values of safeguarding movie theater operators' property rights and economic freedoms."

It added that the appeals court "gave excessive weight only to the theaters' financial burden, which is difficult to accept." The Supreme Court said the lower court should have comprehensively examined whether there were means by which people with disabilities could enjoy films alongside non-disabled audiences while also reducing the financial burden on theaters — but it did not do so.

Seoul High Court, which will now reconsider the case, must weigh the interests of both disabled viewers and theater operators in line with the Supreme Court's guidance before issuing a new ruling.

A Supreme Court official said the ruling marked the first time the court had issued a decision in Easy-Read format, adding that it was rare globally for a final appellate court to produce an entire ruling written in Easy-Read style, rather than merely summarizing or explaining the outcome in accessible terms.

The official added that the Supreme Court had for the first time articulated the social and cultural significance of the right of people with disabilities to access and enjoy film as a form of information.


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