County, Firm Ordered to Pay $485,000 Over Child's Drowning in Pool

A tragic accident at a public swimming facility in Ulleung County has resulted in a significant court ruling, ordering the county government and the construction company responsible for the facility to pay substantial compensation to the bereaved family. The incident, which occurred in August 2023, saw an elementary school student lose their life after their arm became trapped in a water intake grate within the pool.

“

A proper integrated drainage system (floor drain) was not installed in the water intake grate within the enclosed facility, leaving a high-pressure intake pipe exposed. Additionally, the access gate to the enclosed facility was not locked, indicating installation and management defects.

The Incheon District Court's Civil Division 14 ruled that Ulleung County and three individuals from the construction company must jointly pay the family approximately 485 million won (about $485,000) in damages. This verdict acknowledges the severe negligence in the installation and management of the facility, which ultimately led to the fatal accident.

Evidence presented during the trial revealed critical safety lapses. The water intake grate, instead of having a proper integrated drainage system, was fitted with a temporary iron mesh typically used for grilling. Furthermore, the access gate to the area beneath the pool facility was left unlocked, and crucially, no safety personnel were present at the time of the incident. The court determined that these oversights constituted a failure in the duty of care by the facility's managers and constructors.

“

It is reasonable to conclude that the accident occurred due to these defects. Furthermore, the construction company officials could have reasonably foreseen that if a floor drain was not installed or was poorly installed and detached, safety accidents such as the body of a water facility user being sucked into the water intake could occur.

While the court found the county and construction company liable, it did not hold individual county officials or the former county governor personally responsible. This decision was based on the principle of protecting public officials from liability unless their actions involve gross negligence or intentional misconduct, a standard deemed not met in this case. The ruling underscores the importance of rigorous safety standards and diligent oversight in public recreational facilities to prevent such devastating loss of life.

“

Despite this, the defendants did not install floor drains in the water intake and drainage pipes within the enclosed facility, nor did they install safety devices to prevent the bodies of water facility users from getting caught or sucked in.