2023-09-14 15:07:00
Korea Legal Aid Corporation building./Korea Legal Aid Corporation
A court ruling recognized up to 80% of the responsibility of the perpetrator who hit someone with the ball during a golf game. In existing precedents, the perpetrator’s responsibility was around 60%.
According to the Korea Legal Aid Corporation on the 14th, Judge Kim Jeong-do of the Yeongcheon City Court of the Daegu District Court recently ruled that in a damages claim lawsuit filed by caddy A once morest fellow caddy B, Mr. B must compensate Mr. A 4.1 million won, including medical expenses and alimony.
In June 2020, Mr. A, who was working as a caddy at a golf course in Gyeongbuk, played a match at another golf course with three people, including Mr. B, a fellow caddy. It is said that all four of them were beginners in golf.
When Mr. B, who was playing golf together, showed particular difficulty by dropping the ball into a bunker and not being able to get out, Mr. A and others suggested to Mr. B, “Let’s pick up the ball, take the cart, move it, and then proceed with the game.” Mr. B also agreed. However, Mr. A, who was waiting for Mr. B 40m ahead, suddenly collapsed. The golf ball hit by Mr. B, who was behind him, hit Mr. A on the head. Mr. A was diagnosed at the hospital with a concussion without a skull fracture.
Person A filed a civil and criminal lawsuit once morest Person B. Mr. A claimed, “Mr. B broke his promise (to change seats) and hit the ball, and there was no prior warning to the people in front of him.” On the other hand, Mr. B refuted, “I never made such a promise, and even though Mr. A, who has more than 10 years of caddy experience, was aware of the danger of the situation in front of the person hitting the ball, he was not careful.” Even during the civil lawsuit, Mr. B’s side suggested the maximum amount of damages at 1.8 million won, saying, “In two past cases, the responsibility of the perpetrator of the hitting accident was recognized as 60% and the fault of the victim as 40%.”
Mr. A requested legal advice from the Korea Legal Aid Corporation. The corporation judged that the fault ratio might be adjusted depending on the circumstances of the accident. Hyeon-kyung Yoo, a lawyer for the corporation, said, “In this accident, Mr. B broke his promise (to change location) and hit a golf ball without any warning even though Mr. A and his group were in front,” adding, “(Without prior agreement) the victims hit the golf ball in front of the hitter.” “The situation is different from past precedents,” he argued.
In the end, Judge Kim recognized Mr. A’s fault as 20% and Mr. B’s fault as 80% and ruled that Mr. B should pay 600,000 won, including 3.5 million won in alimony and medical expenses, to Mr. A. Mr. B was also indicted on charges of manslaughter in a criminal case in 2022 and sentenced to a fine of 700,000 won.
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