🔎 Case Summary

A South Korean court held a water park operator, its outsourced safety management company, and a taekwondo academy director jointly liable for the drowning death of a 7-year-old child at Ocean World’s wave pool in Hongcheon, Gangwon Province.

The court ordered total damages of approximately KRW 470 million, allocating liability at 80% among the defendants.


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🧾 Facts

In June 2022, the child entered Ocean World’s wave pool alone, without a guardian.

The pool had a rule restricting solo use by children under 120 cm.

The victim’s height was 117 cm.


The child drifted unnoticed for nearly 8 minutes before being found.

He later died from complications including drowning-induced pneumonia and sepsis.

On the day of the accident, a large taekwondo group (171 children) was visiting the park.



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⚖️ Related Criminal Proceedings

The taekwondo director and employees of the operator and safety contractor were criminally charged with occupational negligence resulting in death.

At first instance, suspended custodial sentences were imposed.

Appeals are pending.



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🧑‍⚖️ Court’s Key Findings

1. Water Park Operator (C Co.)

As the owner and ultimate operator of the facility, the company bears a comprehensive duty of care toward patrons.

Delegating safety management to a contractor does not absolve ultimate responsibility.

The operator also had a duty to supervise the contractor’s safety performance, which it failed to do adequately.


2. Safety Management Contractor (D Co.)

Had an obligation to:

Establish and implement effective safety management plans.

Ensure active monitoring by lifeguards.


The court found a breach of these duties, directly contributing to the accident.


3. Taekwondo Academy Director (E)

As organizer and supervisor of the group outing, owed a duty of care grounded in contractual trust and good faith.

Failed to:

Verify children’s eligibility for the wave pool.

Provide safety instruction or warm-up exercises.

Adequately supervise 42 children with only two instructors, without individualized assignment or control measures.




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📉 Limitation of Liability (80%)

The court reduced liability based on several factors:

Minimum statutory lifeguard staffing requirements were technically met.

Warning signs regarding height restrictions were installed, albeit inadequately enforced.

The child was wearing a life jacket.

Due to crowd conditions and underwater activity, the child’s distress was not easily distinguishable at the time.



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📌 Takeaways

Outsourcing safety does not outsource liability: facility operators remain ultimately responsible.

Height and age restrictions must be actively enforced, not merely posted.

Group supervisors of minors carry independent civil liability for inadequate oversight.

Courts will recognize shared fault but still impose substantial damages where systemic safety failures exist.

Article: https://www.lawtimes.co.kr/Case-curation/214714