Seawater Pool Drowning Incident: "Local Government and Construction Company Must Pay 480 Million Won in Damages to Bereaved Family"

The bereaved family of an elementary school student who drowned while playing in a seawater pool operated by Ulleung County, North Gyeongsang Province in 2023, has partially won a civil lawsuit against the local government and the construction company.

2023 Ulleungdo accident site. Pohang Nambu Fire Station

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According to Yonhap News on May 6, the Incheon District Court Civil Division 14 (Presiding Judge Kim Younghak) ruled partially in favor of the plaintiffs in a damages suit worth about 600 million won filed by the family of a boy, referred to as “A” (who was 12 years old at the time of death), against Ulleung County and construction company officials.

The court ordered Ulleung County and three construction company officials to pay the family approximately 485 million won. However, the claims for damages against the other seven individuals, including the county governor, relevant public officials, and the facility designer, were dismissed.

The accident occurred on August 1, 2023, at a deep seawater pool installed and managed by Ulleung County. At the time, A entered through an unlocked door beneath the pool’s play facility, where his arm became trapped in a water intake vent on the floor, leading to his drowning.

An investigation revealed that, instead of an integrated drainage facility (floor drain), a temporary grill mesh typically used for grilling meat had been welded into place. The drainage system originally specified in the design blueprint was omitted from both the bill of quantities and the work specifications, and the construction company proceeded without reporting this omission to the client.

Because the grill mesh, which is vulnerable to seawater, failed to serve its purpose, A was directly exposed to the suction power of the high-pressure intake pipe.

The management of the pool by the county was also found to be negligent. According to relevant regulations, the pool’s maximum water depth should have been maintained below 300 mm, but it was filled to 400 mm with seawater.

Furthermore, the door leading to the water intake area lacked a locking device, and no legally qualified safety personnel were on duty. On the day of the accident, even an unqualified part-time worker, who sometimes assisted with facility management, was not present.

The court determined that the water play facility was established, managed, and operated by Ulleung County in accordance with the Act on the Safety Management of Children's Amusement Facilities, and that it constituted a "public structure" used by an unspecified number of people. The court stated, "There were installation and management defects in the water play facility, and these defects caused the fatal accident," and ruled, "Under the State Compensation Act, Ulleung County is liable for damages as the manager of a public facility."

The court also explained that the three construction company officials were liable for damages due to their negligence in failing to properly review the design blueprint and for the poor construction using grill mesh.

However, the court did not recognize personal liability for damages on the part of the then-county governor and the relevant public officials. The court stated, "Even if there was negligence in the work of the public officials, these officials, who lacked professional expertise, were responsible for the facility’s installation and operation without an expert advisory network or budget," and concluded, "It is difficult to regard their conduct as gross negligence." The official in charge at the time had been appointed for only about three months.

Meanwhile, in connection with this incident, Ulleung County officials and construction company personnel have been indicted on charges of occupational negligence resulting in death, and an appellate trial is currently underway.

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