Visually Impaired Woman Wins Partial Victory in Second Trial Against KEPCO Over Ground Transformer Accident
Facility Occupying Most of the Sidewalk Was Fully Foreseeable
Court Upholds Ruling for 1 Million Won Compensation Against KEPCO and Mokpo City
In March 2023, in Okgam-dong, Mokpo-si, Jeollanam-do, a visually impaired woman in her 50s, referred to as Ms. A, struck her forehead against the corner of a ground transformer while walking on the sidewalk. The transformer, which occupied a significant portion of the pedestrian space, was difficult for a visually impaired person to detect. As a result of the accident, Ms. A suffered a laceration to her forehead. Immediately after the incident, she filed a discrimination relief lawsuit against Korea Electric Power Corporation and the city of Mokpo, seeking compensation for damages.
On July 15, the Civil Division 3 of the Gwangju High Court (Presiding Judge Choi Changhun) ruled in the appellate trial of the discrimination relief claim filed by Ms. A against Korea Electric Power Corporation and Mokpo-si, once again partially siding with the plaintiff as in the first trial. Both the first and second trials pointed out the defendants' negligence and ordered compensation of 1 million won for emotional damages.
The key issue in the case was "foreseeability." The court stated, "Given the size of the transformer relative to the effective width of the walkway, it is fully foreseeable that it could obstruct pedestrian traffic," and added, "It is necessary to consider that the plaintiff is a visually impaired person with mobility restrictions compared to ordinary pedestrians."
Through the lawsuit, Ms. A argued, "The absence of any protective measures for a facility occupying most of the pedestrian passage constitutes discriminatory treatment against persons with disabilities and other vulnerable road users." It was reported that the transformer in question was installed in a structure that exceeded the standard width specified by relevant laws, such as the Road Act and the Act on Promotion of Transportation Convenience for Mobility Disadvantaged Persons.
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