Partial Victory for Plaintiff in the Case of Late Kim Min-sik: Perpetrator 90% Responsible for Accident... Failure to Stop at Railroad Crossing

[Image source = Yonhap News]

[Asia Economy Reporter Choi Eun-young] The court has recognized up to 90% of the liability for damages of the offending vehicle in connection with the accident involving the late Kim Min-sik, which led to the strengthening of laws related to children's traffic safety, known as the so-called 'Minsik Act.'

According to the legal community on the 8th, Judge Lee Jung-ah of Civil Division 7 at the Cheonan Branch of Daejeon District Court ruled partially in favor of the plaintiff, ordering the insurance company of the offender to pay the bereaved family approximately 570 million KRW in damages in a lawsuit filed by the family of Min-sik against the offender's insurer.

In the ruling, the court stated, "According to the recognized facts, the deceased died due to the operation of the defendant's vehicle, so the defendant, as the insurer, is responsible for compensating the damages suffered by the deceased and the plaintiffs due to this accident."

It added, "Considering that the accident occurred in a children's protection zone, the defendant's vehicle should have stopped first and checked the surroundings before proceeding, even at a crosswalk without traffic lights. Therefore, the defendant's liability is limited to 90%."

Initially, the offender's insurance company argued in this trial that "since the accident occurred when the deceased ran out between vehicles stopped on the opposite lane, the insurer's liability should be limited to within 80%." This ruling recognizes the insurer's liability up to 90%, exceeding the 80% claimed by the insurance company.

Earlier, the offending driver, Mr. A, was sentenced to two years in prison at the first trial held on April 27 at the Cheonan Branch of Daejeon District Court after being found guilty of violating the Special Act on Traffic Accident Handling (causing death) and other charges.

Mr. A was investigated to have driven at 23.6 km/h, within the speed limit of the children's protection zone at the time of the accident, but the court previously stated, "A child died due to the accident, and the victim's parents have not forgiven him."

Meanwhile, the Minsik Act was proposed following the accident of the late Kim Min-sik (then 9 years old), who died in a traffic accident in a children's protection zone in Asan in September 2019. The bill passed the National Assembly on December 10, 2019, and has been in effect since March 25 of this year.

This content was produced with the assistance of AI translation services.