The unwritten rule that cafe restrooms are free is beginning to crack. A recent case of a cafe charging customers who only use the restroom has sparked debate, with legal experts now confirming the practice is lawful.
On YTN Radio's "Case X File" broadcast on January 7, the topic of "restroom admission tickets" registered on cafe kiosks was discussed.
Attorney Woo Ji-hyung of Law Firm Roel explained, "Cafe restrooms are private facilities, not public ones. Under the principle of private autonomy, it is legal for business owners to charge a usage fee."
"Cafe restrooms are classified as facilities installed for customers of that establishment, not for the general public," Woo added. "Court precedents also rule that 'restrooms in private buildings do not fall under public restrooms subject to the Public Restroom Act.'"
He also noted, "If the fee is clearly disclosed in advance, it is recognized as a legitimate transaction condition under the principle of private autonomy."
When asked whether a customer's urgent situation might be taken into consideration, Woo responded, "While the urgency of physiological needs is understandable, it does not grant legal rights to infringe upon another person's private property rights."
However, he added, "If the fee is excessively high, it could be criticized as an abuse of rights or a violation of business ethics. Generally, 1,000 to 2,000 won is considered an appropriate level by social standards."
Recently, controversy over "paid restrooms" has erupted across online communities and social media platforms. When a photo surfaced showing a kiosk item labeled "Restroom use only without ordering (1 person, 1 time)" priced at 2,000 won, reactions varied from "I understand the cafe's situation" to "That's harsh."
Earlier in January, a franchise cafe in Uijeongbu, Gyeonggi Province, reported a customer for business interference after they used the restroom without ordering a drink. The cafe had posted a notice stating "Restroom usage fee 5,000 won," but the customer reportedly did not see it before using the restroom. Police determined that no charges were applicable in that case.
Meanwhile, Attorney Woo addressed other controversial cafe policies such as "one menu item per person" and "no outside food allowed," stating, "Under the principle of private autonomy, business owners have the freedom to set conditions for using their establishments, and their right to uphold various rules is broadly recognized. If these conditions are clearly disclosed in advance, there are virtually no legal issues."