'No Permission to Dance': Venue closure in Busan leads to petition to change laws on live performances - The Korea Times

'No Permission to Dance': Venue closure in Busan leads to petition to change laws on live performances

A projection says 'To the Future, To the World, No Dance' during a show at Ovantgarde in Busan, Aug. 23, the final night before the venue was forced to shut down for two months. Courtesy of Pulp Man

A projection says "To the Future, To the World, No Dance" during a show at Ovantgarde in Busan, Aug. 23, the final night before the venue was forced to shut down for two months. Courtesy of Pulp Man

Music community calls for law change to permit small concert venues

Korea may seem to the outsider like a land of K-pop idols and dancing, but the truth is different for those who live here. Due to restrictions, people in Korea have to be careful about where they dance, because if they bust a move in a cafe, bar, restaurant or live music venue, they could get it shut down.

The latest victim of this "K-Footloose" regulation is Ovantgarde, a music venue and pub in the southeastern city of Busan.

The venue was shut down after municipal authorities visited to respond to an unrelated complaint. Although the complaint turned out to be nothing, the officials observed a band performing in front of an audience, and reported the venue for allowing "dancing," in violation of the rules governing its restaurant license.

One of the owners of Ovantgarde disputed the officials' claim that patrons were dancing, calling it an "interpretation" and saying instead that audience members were merely "standing and naturally engaging with the performance."

The venue was ordered to suspend its business for two months as a first-offense punishment.

This is not the first such closure in Busan.

Last year, Basement, a pub near Pusan National University known for holding live music events regularly, was also ordered to suspend operations for two months.

Deep Sleep Coffee, a cafe in Busan's Suyeong District, was another establishment ordered to close from Jan. 22 to March 22 this year, allegedly for holding a "morning rave" event.

Seoul has had similar cases too. One Mexican restaurant in southern Seoul's Sinsa-dong was slapped with a 40-day business suspension for what was deemed to be dancing during an opening event in April 2025.

Bars, music venues, cafes and restaurants may all seem like very different businesses, but they have one important thing in common: they are all usually licensed as general restaurants. Due to the one-size-fits-all regulations, they must all comply with the Enforcement Decree of the Food Sanitation Act, which, among other things, places restrictions on dancing.

Under the law, a general restaurant is defined as "Business of cooking and selling foods, where drinking accompanied with meals is allowed."

Owners who wish to operate their establishments to allow customers to dance could register instead as an "entertainment bar business." However, this is unsuitable for most small venues, as registered entertainment establishments face a much more burdensome licensing procedure, and operate under much stricter zoning, tax, business and other regulations.

Rather than protecting customer safety, the restrictions are in place due to social norms from decades ago, according to Park Ji-hong, owner of Strange Fruit, a live music venue near Hongik University in western Seoul.

"People didn’t want that kind of bar near their home and especially near schools," he said. "It’s more of a moral thing, not for safety."

Live music venues, which are more often classified as general restaurants, are stuck in a purgatory that defies both categories.

"Overly broad restrictions around 'dancing' continue to create friction with the reality of live performances," the Ovantgarde owner said.

"Ultimately, this conflict stems from a systemic lack of understanding and the absence of a distinct legal category for live music venues."

General restaurants that are punished for customers dancing are subject to an administrative penalty of two-months' suspension on first offense, three months' suspension on second offense and cancellation of business license on a third offense.

"Facing a two-month administrative suspension while still bearing rent, event cancellation losses and fixed overhead costs pushes small, independent venues to the brink of closure," the owner said.

The strictness of enforcement is known to vary across different jurisdictions, according to Akhee Ahn, a longtime member of Korea's live music scene and bassist of reggae band The Reseters.

He pointed to Mapo District in Seoul, where local ordinances recognize live music venues to some extent, following a 2015 revision.

"While they may be legally problematic, flexibility in enforcement has been granted considering the large number of such establishments in the area," he said.

In Busan, he said, some districts have similar ordinances, while Nam District, where Ovantgarde is located, does not.

"This should be viewed as the Busan Nam District authorities responding 'solely according to principle,'" he said. "The problem lies in the flawed law itself; as for the Busan city authorities, they must respond once a complaint is filed."

Ahn has been part of the local music scene in Korea for over 30 years. In 1995 when he started going to shows, live music venues were illegal. Consequently, many shows were held as "small theater performances."

Live music venues were only legalized in late 1999, when the Enforcement Decree of the Food Sanitation Act was modified to permit them to register as restaurants. This was done by removing a clause that banned performances by two or more musicians from restaurants.

"Live music venues have not been given a clearly defined legal status," Ahn said. "Although performances can be held in general restaurants, it is legally impossible to determine that such a place constitutes a cultural space for performance."

Busan band Say Sue Me performs at Ovantgarde, May 31. Courtesy of Nikki Bell

The 1999 amendment enabled the legal operation of live music venues, but it was a quick fix that never received follow-up measures, such as a further business classification tailored for live music venues, according to Ovantgarde.

"Because small indie scenes cannot survive on ticket sales alone, most spaces must operate under a general restaurant license," the venue's owner said.

Members of the music scene nationwide are calling for changes to the law to make it easier for all businesses classified as general restaurants to enable their customers to have fun, without sacrificing safety. Some expressed the need to create a separate category in the law for live music venues, acknowledging their differences from general restaurants.

"We need to create a concept that does not exist in the current legal system of Korea, which is a 'small venue that operates centered around music and also sells alcohol.' It should become the concept of a 'live club.' The current legal system divides the space for performances and the space for selling alcohol into separate areas. However, a live club is a space where these two functions are combined, and it is a space where such a combination is culturally necessary," Park Jung-yong, owner of Cafe Veloso, a cultural space and live music venue in western Seoul's Mangwon-dong neighborhood, wrote in a social media post, Aug. 19.

A petition citing Ovantgarde's case, submitted to the National Assembly website on Aug. 19, called for relevant changes to the Food Sanitation Act and the Public Performance Act in order to reflect the realities of small performance venues. It also requests additional measures, including the establishment of criteria to clearly distinguish ordinary audience behavior from "entertainment activities."

"Regulations are necessary to ensure the safety and order of performance venues," the petition says. "However, treating dancing and audience participation that occur during an ordinary, wholesome performance as equivalent to entertainment activities at nightlife establishments, in a way that threatens the very survival of small performance venues, needs to be addressed."

Nikki Bell, an American resident of Busan, has been helping raise money for Ovantgarde while it's closed.

"It's a concert, it's music, people dance. How can that be illegal? It's insane on the face of it," she said. "Not allowing people to dance, or even stand, can destroy music scenes. These places give us a sense of community, somewhere to go when life gets hard, somewhere to scream, dance, let off steam and come together."

“It’s ridiculous, and bordering on absurd, that live music venues are being punished for the actions of their patrons. And even more bewildering that the action is something as human as dancing to music," said Ali Safavi, an Iranian British musician living in Busan. "If Busan wants to keep hold of its most interesting citizens, it needs to do more to support spaces where art, music and culture occur.”

Jon Dunbar

Jon Dunbar is a copy editor at The Korea Times, as well as editor of the Foreign Community page and curator of the Korea Times Archive. If you have suggestions for possible articles, or wish to contribute articles yourself, contact jdunbar@koreatimes.co.kr.

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