"2,000 Won Just to Use the Restroom"... Paid Cafe Toilets Stir Debate, What Does the Law Say?

Financial News: Is it legally permissible for a cafe owner to charge a "restroom usage fee"?
On the 7th, attorney Woo Ji-hyung appeared on YTN Radio’s program "Attorney Lee Won-hwa’s Case X-File" and discussed a case involving a "restroom use ticket" listed on a cafe kiosk.

Recently, a photo was posted on a social networking service (SNS) showing a cafe kiosk notice that read, "If you use only the restroom without ordering (one person, one time), 2,000 won." The post sparked heated debate.
Some users commented, "They must have had a good reason to do that," showing understanding. Others reacted negatively, saying it was "cold-hearted and expensive," highlighting a clear split in opinion.
In response, Woo Ji-hyung explained, "A cafe restroom is a private facility, not a public one, so under the principle of private autonomy, it is legal in itself for the owner to charge a usage fee."
He went on, "Cafe restrooms are classified as facilities installed for the customers of that particular business, not for the general public. They are not public toilets subject to the Public Toilets, etc. Act, and court precedents have taken the same view." He added, "If the fee is clearly disclosed in advance, it is recognized as a legitimate term of transaction under the principle of private autonomy."
Asked whether a customer’s situation—such as using the restroom because it was an emergency—could be taken into account, Woo replied, "I understand the urgency of a physiological need, but that does not grant a legal right to infringe on someone else’s property rights."
However, he pointed out, "If the fee is excessively high, it could be criticized as an abuse of rights or a violation of business ethics." He added, "In social practice, an amount in the range of about 1,000 to 2,000 won is generally regarded as reasonable."

Meanwhile, there was also a case in which a customer was reported to the police for business obstruction after using a cafe restroom without placing an order.
In January, at a franchise café in Uijeongbu, Gyeonggi Province, a customer who used only the restroom without ordering a drink was reported to the police on suspicion of obstructing business.
A notice at the café read, "Not a public restroom! Use after payment only," and "To ensure our customers’ comfort, entry by non-customers is prohibited." It also stated, "Restroom use fee: 5,000 won. If caught, snacks, water, kids’ drinks, etc. cannot be used as payment."
One customer visited the café and used only the restroom. As the customer was about to leave, the owner blocked the way, saying that under the café’s rules, non-customers were not allowed to use the restroom and that the customer had to order a drink before leaving.
The customer responded, saying, "It was an emergency. My child is waiting outside, so I’ll come again next time," but the owner repeatedly insisted that the customer had to buy a coffee, leading to a dispute. In the end, the owner reported the customer for the crime of obstructing business, and the police were dispatched. After arriving on the scene, the police concluded that the charge of business obstruction did not apply and that using the restroom itself was not subject to punishment.
newssu@fnnews.com Reporter Kim Soo-yeon Reporter