A South Korean court ruled that celebrity chef Baek Jong-won is not the original creator of thin-sliced pork belly, known as daepae samgyeopsal [1].
The ruling is significant because it addresses the legal validity of "originality" claims used in franchise branding and the subsequent liability toward franchisees who rely on such marketing.
The Anyang Branch of the Suwon District Court dismissed a request for damages filed by franchisees of Theborn Korea, the company led by Baek [1]. The court said that Baek's assertions regarding the origin of the dish lacked factual basis [2].
According to the court, thin-sliced pork belly was already a popular menu item in the Choryang area of Busan during the late 1980s [1]. The court further cited a 1993 article from Ilgan Sports that introduced the dish as an existing menu item at a different establishment [1].
Because the food was already in circulation before Baek's claims of invention, the court determined there was no basis for the franchisees' claims of damages [2]. The court said that the plaintiffs lost the case and ordered the franchisees to bear the costs of the litigation [1].
"Daepae samgyeopsal is not originated by Baek Jong-won," the court said in its ruling [1]. The court further noted that the food was already a trend in the 1980s [2].
This decision follows a legal battle where franchisees sought compensation based on the premise that the branding of the dish as an original creation by Baek had misled them or impacted their business operations [2].
“"Daepae samgyeopsal is not originated by Baek Jong-won,"”
This ruling establishes a legal precedent in South Korea regarding the 'origin' of culinary trends, suggesting that widespread historical availability of a dish outweighs a celebrity's claim to its invention. For franchise owners, it highlights the risk of basing legal claims on marketing narratives that cannot be supported by historical evidence, such as archival news reports.
