Gwangju Pungyeongjeongcheon Elementary Student Death: City and District to Share Liability 50% Each
Court Orders Compulsory Mediation in 400 Million Won Reimbursement Lawsuit
Gwangju City and Gwangsan District Must Split Costs Evenly
Final Judgment Effect If No Objection Within Two Weeks
In the lawsuit between Gwangju City and Gwangsan District over liability for compensation following the death of an elementary school student in a downtown stream in Gwangju, the court has issued a compulsory mediation order requiring both parties to share the costs equally.
According to the legal community on August 29, Presiding Judge Kim Hyesun of the Gwangju District Court's Civil Division 2 held a mediation session the previous day for Gwangju City's claim for reimbursement of approximately 400 million won against Gwangsan District. The court ordered that both the reimbursement and legal costs be shared equally at 50% each. As a result, Gwangju City must withdraw the lawsuit.
In June 2021, two elementary school students died in an accident at Pungyeongjeongcheon. Gwangju City paid compensation to the bereaved families and spent over 400 million won, including legal costs. While acknowledging its responsibility as the main administrator of the stream, the city claimed that Gwangsan District, which is responsible for maintaining and repairing auxiliary facilities, also bore significant responsibility and thus filed the claim for reimbursement.
The accident occurred when two elementary school students slipped on a moss-covered stepping stone while playing in the water and drowned in the stream. At the time, the water level was elevated due to rain, and the lack of safety facilities such as warning signs and rescue equipment was cited as a factor that exacerbated the tragedy.
Gwangju City and Gwangsan District disputed over where the responsibility lay, leading to a lawsuit between the local governments. It is reported that each spent several million won on attorney fees.
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Compulsory mediation is a procedure in which the court sets the terms of settlement instead of issuing a judgment, thereby concluding the dispute. Each party has two weeks to file an objection. If no objection is raised, the mediation carries the same effect as a final judgment. Gwangju City and Gwangsan District will review the court's decision before determining whether to accept it.
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