Siblings Who Died in Gangnam Station Flooding... Court Orders Seocho-gu to Pay 1.6 Billion Won Compensation
Siblings Who Died After Falling into an Open Manhole During Last Year's Heavy Rain
Seocho-gu Acknowledges Management Responsibility... "Cannot Conclude It Was Due to a Natural Disaster"
Last summer, during a heavy rainstorm, a court ruled that Seocho-gu must pay damages to the bereaved family of siblings who died after falling into a manhole in Seocho-gu, Seoul. This is the first time a court has recognized the responsibility of a local government for damage caused by last year's heavy rain.
On the 27th, the Civil Division 33 of the Seoul Central District Court (Presiding Judge Heo Jun-seo) ruled in a lawsuit filed by the bereaved family of siblings A and B against Seocho-gu, ordering the defendant to pay the plaintiffs a total of approximately 1.647 billion KRW plus delayed interest. The compensation amount of 1.6 billion KRW set by the court reflected the siblings' funeral expenses, lost income (expected income that could have been earned if the accident had not occurred), and consolation money.
Earlier, siblings A and B died on August 8 last year after falling into an open manhole while crossing the road near Gangnam Station in Seocho-gu during a heavy rainstorm. They had been in a car when the engine stalled due to the heavy rain, so they got out to take shelter. After the rain subsided, they moved and suffered the accident, according to investigations.
The older sister A was 49 years old at the time of death. It was estimated that if she had worked as a general laborer until age 65, she could have earned about 310 million KRW, and 80% of this, about 250 million KRW, was recognized as lost income. The younger brother B, who was 46 at the time of death, worked at an accounting firm and earned about 12 million KRW per month. It was estimated that if he had worked until age 65, he could have earned about 1.23 billion KRW, and 80% of this, about 990 million KRW, was judged as lost income.
Special rescue team members from 119 are conducting search operations for missing persons swept away by heavy rain near Gangnam Station in Seoul.
[Photo by Yonhap News]
The court explained the reason for the ruling, stating, "Since the accident occurred due to defects in the installation and management of the manhole, Seocho-gu, the road management authority, is responsible for compensating the victims' bereaved family." The court also pointed out that the accident site was a low-lying area with a basin-shaped terrain that flooded during every heavy rain, and that there was a sufficient possibility of rainwater backing up from the sewer and opening the manhole cover.
Seocho-gu argued that "the manhole cover opened due to a 'record-breaking heavy rain,' a natural disaster, and the accident could not have been predicted or avoided," claiming no liability for compensation. However, the court pointed out that even if the manhole cover opened due to unexpected heavy rain, Seocho-gu was responsible for leaving the cover open and unattended.
Furthermore, considering that the manhole cover had opened even during times of less rainfall in the past, the court judged that the accident could not be definitively attributed to a natural disaster. However, the court stated, "The deceased were fully aware of the severity of the heavy rain at the time of the accident and, since the road was filled with rainwater, they should have carefully checked the condition before crossing," and assessed the siblings' negligence at 20%, which was reflected in the compensation amount.
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Last year, the metropolitan area experienced record-breaking heavy rain not seen in 115 years. Subway stations, houses, and roads in Seoul were flooded in an instant, causing casualties and property damage. A total of 14 people died due to the heavy rain, and 2 people remain missing.
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