Korean Law Demystified!

One Safety Officer Was Not Enough: Marathon Organizers Ordered to Pay ₩350 Million After Pedestrian Left in Vegetative State

A Seoul court has held the organizers of a large-scale marathon jointly liable for catastrophic injuries suffered by a 77-year-old woman who was struck by a runner while crossing a pedestrian crossing on the race route. Here are the key points.


Issue

Where a pedestrian is seriously injured by a marathon participant while crossing a designated crosswalk on the race course, are the event organizers liable for failing to adequately control crowd safety — and does the runner share that liability?


Facts

  • In November 2023, a marathon involving 35,000 participants was held across a route stretching from Sangam World Cup Park through Yeouido Park to Jamsil Olympic Stadium in Seoul, running from 8:00 AM to 1:30 PM.
  • At around 9:00 AM, 77-year-old A attempted to cross a pedestrian crosswalk located within Yeouido Park — a crossing that formed part of the official race route. She made her way through the stream of runners and was struck by participant D, falling to the ground.
  • A suffered traumatic subdural hemorrhage and underwent emergency decompressive craniectomy. She did not regain consciousness and remained in a vegetative state as of the close of proceedings.
  • A had previously received ₩8 million through the organizer’s liability insurance and a ₩16.76 million refund from the National Health Insurance Service for out-of-pocket medical costs exceeding the statutory cap.

Court Decision

  • The Seoul Southern District Court (Judge Kim Jae-hyang) ruled on March 18, 2026, ordering organizer B and operations company C to pay A jointly ₩353.49 million.
  • Participant D was found not liable.

On the organizers’ liability, the court found three specific failures.

  • Vehicle traffic was blocked on the crosswalk, but no measures were taken to prohibit pedestrian crossing or redirect pedestrians via an alternative route.
  • Only one safety officer and one police officer were stationed at the crossing — wholly inadequate for managing pedestrian safety at a major race crossing point involving tens of thousands of runners.
  • Even as A was making her way through the flow of runners, no safety officer intervened to stop her or assist her.

On the runner’s liability, the court found that D, running within the designated course, could not reasonably have anticipated a pedestrian crossing the route at that moment. His conduct did not meet the threshold for civil negligence.

On contributory negligence, the court found that A’s own decision to cross through the stream of active runners contributed to the accident and its severity. The organizers’ liability was accordingly reduced to 70%.

Damages were calculated to include medical costs, ongoing care expenses, lost income, and ₩76 million in non-economic damages, with prior insurance and health insurance payments deducted from the total.


Key Takeaways

  • Event organizers of large-scale public races bear a duty of care to pedestrians on the route — not just to participants. That duty requires active crowd management, not merely vehicle control.
  • Stationing a single safety officer at a major crosswalk during a 35,000-person race is insufficient as a matter of law.
  • Blocking vehicle traffic while leaving pedestrian access unrestricted — with no signage, no barriers, and no detour guidance — does not satisfy the organizer’s safety obligations.
  • A runner who collides with a pedestrian while running lawfully on the designated course is not automatically liable. The analysis turns on whether the runner could reasonably have foreseen and avoided the collision.
  • Contributory negligence by the injured pedestrian will reduce but not eliminate organizer liability where the organizer’s failures were the primary cause.

Why This Matters

As large-scale urban road races become increasingly common in Korea, this ruling sets a clear standard for the safety infrastructure organizers must provide at public crossings on race routes. Posting a single officer at a major intersection during a mass participation event is no longer defensible. For event organizers, insurers, and local authorities who co-sponsor or permit such races, the case is a prompt to audit crossing management protocols — and to ensure that pedestrian control is treated with the same seriousness as participant safety.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=219512

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