Former Golden Child member Choi Bo Min has won a damages lawsuit after suffering a facial fracture on a Golf driving range after being hit by a golf club thrown by another individual.
In September 2022, the member of Golden Child had to be operated on following a fracture. In fact, he had been hit in the face by a wooden golf club held by another person during golf practice in his free time. This forced him to suspend his activities for almost six months.
Last month, Civil Division 8 of the Seoul Western District Court then ruled in partial favor of Choi Bo Min in his lawsuit against individual 'A', who threw the club, and 'B', the operator from the golf driving range. The court ordered 'B' to pay Choi Bo Min approximately 12 million won (approximately 8,500 euros), including approximately 10.6 million won (approximately 7,500 euros) to be paid jointly with 'A'. This decision is final.
The judge noted:
“Golf course operators must provide safe facilities that prevent risks to users. »
Although the golf course met regulatory spacing requirements, there was no partition or boundary structure between the cabins. The kiosk was also placed close to the adjacent cabin, meaning anyone using it could easily enter the neighboring user's swing radius, posing a high risk of injury. The judge found that 'B' had breached his duty by failing to provide adequate safety measures, which led to the accident. Thus, 'B' was held responsible for not having fulfilled the contractual obligation of security of the establishment.
The judge also noted that 'A', a regular at the stand, had previously kicked someone's cap while playing, suggesting he was aware that spacing might be insufficient to prevent accidents. In this incident, 'A' performed a swing from a slightly backward position, which made it reasonably foreseeable that someone in the cabin behind might be struck. The judge said 'A' should have been more careful and checked his surroundings.
However, the judge also clarified that Choi Bo Min bears some responsibility for not having taken preventive security measures himself. The liability of 'A' was thus limited to 30%, because Choi Bo Min could have anticipated the risk, taking into account the spacing of the cabins and the proximity of the kiosk, but he did not remain vigilant.
The court awarded around 2 million won (approximately 1,500 euros) for medical expenses and 10 million won (approximately 7,000 euros) in compensation for the emotional distress that followed. However, Choi Bo Min's claim amounted to 35 million won (approximately 26,000 euros) in lost income, as he claimed to have missed 12 contracts during his recovery. This application was refused due to insufficient evidence linking this loss to knowledge of these circumstances by 'A' and 'B' at the time.
Source : lawtimes
