📘 Case Summary

🔎 Core Holding

A court ordered a kids café to pay ₩500,000 to each parent after a 2-year-old child was injured on a trampoline meant for elementary school students.
However, the court also found the parents partially responsible for allowing the toddler to use equipment intended for older children.


—

📄 Facts

In May 2023, 2-year-old A was playing on a trampoline for elementary-age children at a kids café run by Company D in Busan.

A collided with a 12-year-old boy, resulting in:

Tibia fracture

Fibula fracture


The café had:

A separate trampoline area for toddlers,

A signage chart showing age-appropriate play zones.



Despite that, the toddler was allowed to play in the elementary-age section, where several older children were jumping simultaneously.


—

⚖️ Court’s Legal Reasoning

1. Duty of Care — Kids Café’s Responsibility

The court cited the Ministry of the Interior and Safety’s Kids Café Safety Guidelines, which require:

Trampolines to be divided by age and body weight,

Operators to guide, supervise, and manage children’s use,

Placement of safety personnel when necessary.


The court concluded:

> “Company D failed to control the area and allowed older elementary students to use the same trampoline as a toddler, which constitutes negligence.”




—

2. Contributory Negligence — Parents’ Responsibility

The court also emphasized:

Toddlers under age 3 must be closely accompanied and supervised by a guardian.

A separate toddler trampoline was available and properly marked.


The parents:

Did not ensure the toddler used the correct equipment,

Allowed their child to enter a space with much larger and irregularly jumping older children,

Failed to intervene even when the situation was obviously unsafe.


Therefore, the parents’ lack of supervision contributed to the accident, reducing the damages awarded.


—

💰 Damages

The Busan District Court (Civil Division 5-2) ordered:

Company D → Parents B and C: ₩500,000 each

Award was calculated considering:

Accident circumstances

Child’s age

Injury severity

Shared negligence of the parents



—

📌 Key Takeaway for Operators and Parents

For Kids Cafés

Separate play equipment must be enforced by actual supervision.

Age-appropriate areas must not just be installed, but actively managed.

Failing to police mixing between toddlers and older children can create legal liability.


For Parents

Even when facilities provide clear guidance and separate zones,
parents must follow and enforce the rules when supervising toddlers.

Allowing a child to ignore safety rules can reduce compensation in case of injury.

Article: https://www.lawtimes.co.kr/Case-curation/213435