Former Golden Child member turned actor Choi Bo Min has won a damages lawsuit after suffering a facial fracture at a golf practice range after being struck by a golf club swung by another individual.
Last month, the Seoul Western District Court’s Civil Division 8 ruled in partial favor of Choi Bo Min in his lawsuit (2023 Civil Case No. 256327) against both individual 'A,' who swung the club, and 'B,' the golf practice range operator. The court ordered 'B' to pay Choi Bo Min approximately 12 million KRW (~ 8,605 USD), with about 10.6 million KRW (~7,601 USD) to be jointly covered with 'A.' This ruling is now final.
The incident occurred in September 2022 at a golf range in Deogyang-gu, Goyang City, Gyeonggi Province. Choi Bo Min was using a kiosk in his booth when 'A,' swinging in an adjacent booth, accidentally struck him in the face with a golf club. Choi Bo Min sustained a zygomaticomaxillary complex (cheekbone) fracture, which forced him to halt his activities. The booths were spaced 2.5 meters apart.
The judge noted, “Golf range operators must provide safe facilities that prevent risks to users.” The judge cited regulations requiring that golf practice ranges have at least 2.5 meters of space between booths, enough clearance to prevent golf clubs from hitting walls or ceilings, and safety nets or screens to prevent accidents from stray balls.
While the range met the spacing requirement, there were no partitions or boundary structures between booths. The kiosk was also positioned close to the adjacent booth, meaning that anyone operating it could easily step into the swing radius of the neighboring user, posing a high risk of injury. The judge found that 'B' breached their duty of care by not providing adequate safety measures, leading to the accident. Thus, 'B' was held liable for failing to fulfill the facility’s contractual duty of safety.
The judge further noted that 'A,' a regular at the range, had previously struck someone’s cap while swinging, suggesting awareness that the spacing might be insufficient to prevent accidents. In this incident, 'A' swung from a slightly rear position, making it reasonably foreseeable that someone in the booth behind could be struck. The judge stated that 'A' should have been more cautious, checking their surroundings and ensuring a safe swing.
However, the judge also ruled that Choi Bo Min bore had some responsibility for not taking preventive safety measures himself. 'A's liability was therefore limited to 30%, as Choi Bo Min could have anticipated the risk, given the booth spacing and kiosk’s proximity, yet did not remain vigilant.
The court awarded approximately 2 million KRW (~1,435 USD) in medical expenses and 10 million KRW (~7,173 USD) in compensation for emotional distress. However, Choi Bo Min’s claim for 35 million KRW (~25,105 USD) in lost earnings from 12 missed contracts during his recovery was denied due to insufficient evidence linking this special damage to A and B’s awareness of these circumstances at the time, meaning it could not be considered directly related to the accident.
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