Choi Bo Min, a former member of the K-pop group Golden Child, who has since transitioned to acting, has won a damages lawsuit after suffering a facial fracture from being hit by a golf club at a golf practice range.
In a ruling last month, the Seoul Western District Court’s Civil Division 8 partially ruled in favor of Choi Bo Min in his lawsuit (2023 Civil Case No. 256327) against individual ‘A,’ who swung the golf club, and ‘B,’ the operator of the golf range. The court ordered ‘B’ to pay approximately 12 million KRW (~8,605 USD), with around 10.6 million KRW (~7,601 USD) to be jointly covered with ‘A.’ This ruling is now final.
The incident took place in September 2022 at a golf range in Deogyang-gu, Goyang City, Gyeonggi Province. While Choi Bo Min was using a kiosk in his booth, ‘A,’ who was in an adjacent booth, accidentally struck him in the face with a golf club during their swing. Choi Bo Min sustained a zygomaticomaxillary complex (cheekbone) fracture, which required him to stop his activities. The booths were spaced 2.5 meters apart.
The judge noted that golf range operators are required to provide safe facilities to prevent risks to users. Regulations mandate that golf practice ranges should have at least 2.5 meters of space between booths, enough clearance to avoid golf clubs hitting walls or ceilings, and safety nets or screens to protect against stray balls.
While the range met the minimum spacing requirement, there were no partitions or boundaries between the booths. Additionally, the kiosk was positioned close to the adjacent booth, meaning that anyone using it could easily step into the swing area of the neighboring user, posing a high risk of injury. The judge determined that ‘B’ had failed to fulfill their duty of care by not implementing adequate safety measures, thus holding ‘B’ liable for the accident.
The judge also pointed out that ‘A,’ a regular at the range, had previously struck someone’s cap while swinging, suggesting that ‘A’ should have been aware of the potential risk due to insufficient booth spacing. In this case, ‘A’ swung from a slightly rearward position, making it foreseeable that someone in the adjacent booth could be struck. The judge concluded that ‘A’ should have exercised more caution by checking their surroundings and ensuring a safe swing.
However, the judge also ruled that Choi Bo Min shared some responsibility for not taking additional safety precautions himself. As a result, ‘A’s liability was limited to 30%, with the understanding that Choi Bo Min could have anticipated the risk due to the booth spacing and the proximity of the kiosk but failed to remain vigilant.
The court awarded Choi Bo Min approximately 2 million KRW (~1,435 USD) for medical expenses and 10 million KRW (~7,173 USD) for emotional distress. However, his claim for 35 million KRW (~25,105 USD) in lost earnings due to 12 missed contracts during his recovery was denied, as the court found insufficient evidence to link the lost earnings directly to the actions of ‘A’ and ‘B,’ concluding that they were not aware of these circumstances at the time of the incident.
