MAMAMOO’s Hwasa cleared of ‘Performance Scandal’ allegations; citing difficulty in admitting guilt

Seoul Seongdong Police Station announced on the 4th that Hwasa, a member of MAMAMOO (real name Ahn Hye-jin, 28), who was accused of ‘indecent conduct’ for her performance at a university festival, has received a ‘no charges’ decision.

The police received the complaint from the organization ‘Human Rights Protection Alliance for Students, Parents, and Teachers’ on behalf of Hwasa, accusing her of indecent conduct. The police stated that on September 26th, they decided to not press charges against Hwasa, saying that it was difficult to acknowledge the criminal allegations after comprehensive consideration of related precedents and the circumstances of the performance.

Earlier, in May, Hwasa performed at Sungkyunkwan University Festival and was filmed during the recording of the TVN program ‘Dancing Queen on the Road’ making a gesture involving her hand touching a specific part of her body. The scene was later circulated on social media in the form of ‘fan-cams’ shortly after the festival, leading to controversy about whether it was overly suggestive. However, the scene was edited when it was broadcast on ‘Dance Singer Yoorangdan.’

Article 245 of the Korean Criminal Code (indecent conduct during a performance) stipulates that a person who performs indecent acts on stage may face up to one year in prison or a fine of up to 5 million KRW, detention, or correctional labor. One of the most well-known cases of a public musician being punished for indecent conduct during a performance was the 2005 incident involving two members of the indie band ‘Couch’ who exposed their genitals during a live broadcast on a terrestrial music show. They were charged with indecent conduct and received sentences of 10 months and 8 months in prison, respectively, with a two-year suspended sentence. In the legal community, it was widely speculated that Hwasa’s case would be difficult to acknowledge as there was no nudity involved, and it was an adult-targeted performance, unlike the ‘Couch’ case, where the performance was for a general audience.

Source