Toddler ban in store lounges deemed discriminatory

Children hold sketchbooks with anti-"No Kids" zone slogans during a press conference held in front of the National Assembly on May 4, 2022. [NEWS1]

Banning toddlers from department stores' VIP lounges is discrimination against children, according to the National Human Rights Commission.

Restricting kids from the VIP lounge with no legal cause but age cannot be acknowledged as part of the department's free business, the commission said.

The decision stems from a recent case involving a department store, where the exclusion of children younger than 7 from using VIP lounges was deemed discriminatory on May 17.

The human rights commission intends to soon send a document containing the recommendation of the reversal of such VIP lounge operational approach to the concerned department store. While the store in question is known to be Hyundai Department Store, the broader Korean department store industry seems to be adopting similar measures.

The "No Kids" measure in department store VIP lounges has sparked numerous grievances on mom cafes, or online communities of mothers.

One post by a self-identified Galleria VIP customer reads, "I'm in the Blue tier [spending over 20 million won ($15,130) annually], but they won't even let me enter the lounge with my kid because it is classified as 'No Kids' zone.

"I've spent a significant amount of money to become a VIP, yet it's unpleasant to hear every time that other customers complain," the post continued. "Are only customers without babies considered customers? Not recognizing that 'No Kids' discriminates against and stigmatizes the vulnerable is infuriating."

The term "No Kids" zone refers to places within general commercial establishments where there are no legal reasons to exclude children, such as selling alcohol or showing adult content, yet proprietors impose age restrictions, like "No entry for preschool children or under."

The commission contends that "No Kids" zones violate not only Article 10 and 11 of the Constitution, which outlines the equality and pursuit of happiness rights of children, but also the fundamental rights of children as outlined by the United Nations Convention on the Rights of the Child, a treaty ratified by Korea.

"While there's a conflict between children's basic rights to equality and pursuit of happiness and a business's freedom to operate, we believe the impact of ‘No Kids’ zones on the public interest outweighs the pursuit of profit," Cho Jung-hee, head of the Child Rights Division at the commission, told the Korea JoongAng Daily on Tuesday.

Major department stores related to this incident have expressed an intent to review internal policies and adjust operational approaches if necessary.

"VIP lounges in department stores are designed for customers to have a quiet place to rest," a Hyundai Department Store spokesperson said. "There are complaints about children making noise, and given that the interior is designed at an adult eye level, there's potential for accidents. We will consider alternatives such as creating separate rooms in the lounge where adults can accompany infants."

"We are considering options like setting up family rooms or offering benefits to children, such as complimentary beverages," a spokesperson from Lotte Department Store said.

Commission recommendations often find their way into actual policies, especially in the private sector, in order to avoid negative public perception. However, these recommendations do not carry legal binding power, resulting in inherent limitations.

The National Human Rights Commission had previously issued a verdict in 2017 for a restaurant in Jeju Island that operating as a "No Kids" zone for children under 14 was an act of discrimination.

Despite the 2017 recommendation against "No Kids" zones, these establishments have proliferated across Korea. Presently, there are estimated to be around 400 such restaurants, cafes, and other businesses that publicly enforce restricted access for children, but the actual number is expected to be higher. Some argue that these zones indirectly contribute to Korea's already low birth rate.

"Up until 2017, there wasn't as much awareness about the issue of ‘No Kids’ zones," Cho said. "By issuing this decision, we hope to contribute to changing the perception in other department store industries and society at large."

BY SEO JI-EUN [seo.jieun1@joongang.co.kr]