The Supreme Court has ruled that multiplex theaters such as CGV, Lotte Cinema, and Megabox must provide audio description, subtitles, and devices to receive them so people with visual and hearing disabilities can watch movies. The suit was filed in 2015, and it took 10 years for a final decision.
The Supreme Court's First Division (presiding Justice Chun Dae-yup) overturned an appellate ruling that had ordered only 3% of total screenings at some theaters to provide audio description and subtitles in a discrimination relief suit filed by four people with visual and hearing disabilities, including a person surnamed Kim, against three companies operating multiplex theaters—CJ CGV, Lotte Cultureworks, and Megabox JoongAng—and sent the case back to the Seoul High Court. The reason was that the lower court excessively considered only the theaters' financial burden.
◇ Demands to also provide braille materials and sign-language interpretation at theaters
In Feb. 2016, Kim and others filed a discrimination relief suit against CGV and others, saying, "The 2011 film 'Silenced' dealt with the violation of the human rights of people with hearing disabilities, yet people with hearing disabilities could not watch the film."
They argued that theaters should provide audio description for people with visual disabilities and subtitles and FM hearing devices for people with hearing disabilities. They also sought to require theaters to provide people with visual disabilities braille materials or enlarged documents in large print, and to provide people with hearing disabilities Korean Sign Language interpretation or text-based information. In addition, they said theaters must provide on their websites information on films and theaters and screening times that offer audio description and subtitles.
Films that provide audio description for people with visual disabilities and subtitles for people with hearing disabilities are called barrier-free films. Methods for screening barrier-free films include an open screening method, in which audio description or subtitles are exposed to all viewers in the auditorium, and a closed screening method, in which they are exposed only to viewers who use separate personal receiving devices.
◇ First trial: "The expense is not a major burden" … Appeals court: "81 billion won if introduced across the board"
In the first trial, the court ruled in favor of the plaintiffs, ordering CGV and others to provide audio description for people with visual disabilities and subtitles and FM hearing devices for people with hearing disabilities, but only for films for which the producer or distributor provided audio description or subtitle files. It also ordered them to provide on their websites information on films that offer audio description and subtitles, and to provide braille materials and Korean Sign Language interpretation, among other measures.
The first trial court explained, "At events such as the Busan International Film Festival, audio description for films is provided through smartphone apps," and "Smart glasses capable of playing subtitles for barrier-free films are distributed domestically."
It went on to find, "In light of CGV and others' domestic screen share and the scale of their theater holdings, it is difficult to see that making an expenditure to install equipment or devices would amount to an economic blow of serious magnitude."
The appeals court ruled for the plaintiffs in part. Specifically, it limited the theaters where CGV and others must provide audio description and subtitles for people with disabilities to: ▲ auditoriums with 300 or more seats ▲ at least one auditorium in a multiplex where the total number of seats across all auditoriums exceeds 300. It also set the provision of audio description and subtitles at 3% of total screenings.
During the trial, CGV and others argued that providing equipment for the closed screening method would cost close to 10 billion won in expense. In a review opinion submitted in Jan. 2021, the Korean Film Council (KOFIC) estimated that, assuming smartphones are used as receivers for audio description or subtitles, 8.17116 billion won would be needed for installing audio description receivers, subtitle receivers, and in-theater servers.
The appeals court said, "If CGV and others are to provide equipment in all auditoriums, it would involve a considerable expense of 8.1 billion won and appears to be an excessive burden," adding, "If the scope of auditoriums providing equipment is limited to those with 300 or more seats, the expected expense decreases to 1.22293 billion won." It went on, if audio description and subtitles are transmitted using an online server, the expected expense further decreases to 491.49 million won.
◇ Supreme Court: "Active measures are required to guarantee the rights of people with disabilities"
However, the Supreme Court reversed and remanded with the view that all auditoriums at CGV, Lotte Cinema, and Megabox must provide audio description, subtitles, and devices for people with disabilities.
The Supreme Court said, "Active measures at the social and national levels are required to substantively guarantee the rights of people with disabilities," and, "Even if the Constitution guarantees the property rights of individuals and corporations and economic freedom, it is unavoidable to restrict such freedoms within a certain scope."
Regarding the appellate ruling that limited theaters and the number of screenings offering audio description and subtitles, the Supreme Court said, "It is difficult to accept because it excessively considered only the financial burden of CGV and others." It added, "The court also failed to consider whether there were ways to reduce the financial burden on CGV and others by enabling people with disabilities to enjoy films at theaters equally and together with people without disabilities."
For this ruling, the Supreme Court for the first time provided an "easy-read" written judgment. This is to write the decision so anyone can easily understand it. Sign-language interpretation was provided at the pronouncement for the plaintiffs with hearing disabilities.