Golf Courses Not Included in Major Citizen Disaster Facilities
Insufficient Evidence to Prove Charges Against Business Owners and Managers
The police have determined that a case in which a golf course user drowned while trying to retrieve a ball from a pond does not fall under the Serious Accidents Punishment Act. This is because including golf courses as 'serious civic disaster facilities' subject to the relevant law is considered an overextension of interpretation.
The Violent Crime Investigation Unit of the Jeonnam Provincial Police Agency sent two individuals?a golf course safety manager and a caddie?to the prosecution on the 28th without detention on charges of professional negligence resulting in death.
They were identified as responsible for the drowning accident of a user at a golf course in Suncheon on April 27. The safety manager is accused of failing to properly implement safety measures such as fences around the pond, while the caddie is charged with not restraining the user who drowned in the 3-meter-deep pond or warning of the danger.
However, after legal review, investigation of domestic and international cases, and interpretation from related agencies, the police concluded that this incident does not qualify as a serious civic disaster under the Serious Accidents Punishment Act. They cited insufficient evidence to prove charges against the business owner or manager, who are the subjects of punishment under the law, and referenced opinions from related agencies that applying the law to golf courses, unlike facilities such as subway stations, daycare centers, and hospitals, would be an overextension of interpretation.
The Serious Accidents Punishment Act stipulates that if one or more users of public facilities die, business owners who fail to fulfill safety and health obligations may face imprisonment of one year or more, or fines up to 1 billion KRW.
Meanwhile, this case involved a golf course user who went alone near the pond to retrieve a ball, slipped, and drowned. Unlike small ornamental ponds, the pond where the accident occurred is a retention-type pond designed to hold water. It has a waterproof sheet lining, making the bottom slippery, and it becomes deeper toward the center like a funnel, making self-rescue difficult once submerged.
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