Controversial Hwasa, is it obscenity or art? “Badder influence than The Barbary Man” vs. “Excessive intervention” [Comprehensive]

[News Reporter Hwang Hye-jin]

Group Mamamoo member Hwasa was embroiled in controversy for her performance at a university festival. The debate over this continues.

On September 11th, CBS Radio’s ‘Kim Hyun-jung’s News Show’ hosted a conversation between Shin Min-hyang, representative of the Student Parents’ Human Rights Protection Coalition, and popular culture critic Kim Heon-sik, hosted by anchor Kim Hyun-jung.

Hwasa was reported by Shin Min-hyang, representative of the Student and Parents Human Rights Protection Alliance, on June 22 in the aftermath of an obscene performance at the Sungkyunkwan University festival in Jongno-gu, Seoul on May 12. During the MAMAMOO medley and ‘Don’t Give Up’ stage, Hwasa performed an unexpected choreography in which she licked her hand with her tongue and then placed it on a specific body part.

In relation to this, anchor Kim Hyun-jung said on the ‘Kim Hyun-jung’s News Show’ broadcast, “Is Hwasa’s performance art or obscenity? I’m asking this because I think it’s a topic that needs to be thought about at least once in a situation where K-pop is leading the world’s cultural world. Opinions on both sides. “I hope you all will listen and organize your thoughts,” he said, making a phone call with Shin Min-hyang, representative of the Student and Parent Human Rights Protection Solidarity, and popular culture critic Kim Heon-sik.

Regarding the controversial performance, Shin Min-hyang, representative of the Student Parents’ Human Rights Protection Coalition, said, “The act of sitting with legs apart, putting hands together, and then sweeping up the genital area with one’s hand, which does not fit the context of the performance choreography at all.””It falls under the category of obscenity under the crime of public indecency under Article 245 of the Criminal Act,” he claimed.

He continued, “Depending on the case, it is said that in the case of a barbarian, he or she is punished under Article 3, Paragraph 1, Item 33 of the Misdemeanor Punishment Act. Therefore, in some ways, it can be said that Hwasa’s actions had a greater negative impact because they were seen by more unspecified members of the public. He added, “It can be done.”

On the other hand, popular culture critic Kim Heon-sik argued, “I don’t know if the group in question will find it unpleasant, but I think this is an example of the Monster Parents group’s excessive intervention in artistic freedom.”

He continued, “I think one of the behaviors of excessively intervening in everything for the sake of a child’s education was discovered in Hwasa’s case. Basically, it was a performance for the audience with college students participating. If there was a problem there, they voluntarily pointed it out. “It is true that there should be a public discussion regarding this, but it is not appropriate legally or even from the perspective of freedom of expression and the basic spirit of art for the police to intervene after a third party, a parent group that was not at the performance, filed a complaint.” revealed.

Meanwhile, Hwasa has completed the police investigation following the complaint. On the 10th, Hwasa’s agency P Nation released an official statement to Newsen, saying, “It is true that Hwasa was investigated by the police. She participated faithfully.”

It is reported that the police summoned Hwasa as a defendant and investigated the background and intent of the recently controversial obscene performance. We plan to review whether or not the performance is obscene and then decide whether to send it or not.

Public indecency is a crime of committing an obscene act in a place where an unspecified number of people can see it. If found guilty, they will be punished by imprisonment for up to one year, a fine of up to 5 million won, or detention.

When judging whether something is obscene, the court considers the context and intention of the act, changes over time, etc.

Prior to Hwasa, group Big Bang leader G-Dragon (GD) was also investigated for obscene performances. G-Dragon held a concert at the Olympic Gymnastics Stadium in Songpa-gu, Seoul in 2009 and performed a bed performance reminiscent of sexual activity.

At the time, the prosecution suspended the case, saying that although the movement in question was sensational, the controversial performance lasted only two minutes and the direct description of the act lasted only a few seconds during a concert that lasted about two hours.

This decision was made considering the fact that G-Dragon performed according to the plan of his agency (YG Entertainment) at the time.

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