The family of a woman in her 40s, who died after walking to an uninhabited island connected to the mainland at low tide, has filed a damages lawsuit against the local government, winning partially in both the first and appeals court.
On the 2nd, the Incheon branch of the Seoul High Court's Civil Division 2 (Director General Shin Jong-o) stated that the family of A (40 years old at the time of death) won a partial victory in the damages claim lawsuit against the city of Incheon, similar to the first trial.
The appeals court ordered the city of Ongjin to pay over 26 million won and interest to A's family.
A was walking toward Mokseom around 3:30 p.m. on Jan. 19, 2021, when she fell into the sea and drowned.
At the time, it was understood that she arrived on the island by public transport from Seoul and walked toward Mokseom, where the seawater was rising.
Mokseom is an uninhabited island that is connected to the mainland by a sandy path at low tide, but is separated at high tide.
Mokseom, known for experiencing the so-called "Miracle of Moses," has become popular among tourists; however, it has been determined that there were no warning signs indicating the risks of tidal changes at the time of the incident.
Investigations revealed that there were no guide signs indicating the tidal changes around Mokseom, and there were also no warning broadcasts indicating restricted access.
Ongjin County noted during the trial process that "the deceased, who had a cognitive disability, might have walked into a dangerous situation rather than drowning suddenly due to rising water."
They also stated, "Even if safety signs were installed nearby, the deceased might have had difficulty accurately understanding the content," adding, "The plaintiff, the deceased's biological mother, had a duty to protect and supervise her daughter to prevent her from entering a dangerous situation, which was neglected."
The first and appeals courts determined that "Ongjin County has made a mistake in not taking sufficient measures, such as installing safety-related items," ruling that the county bears approximately 10% of the liability for damages.
The appeals court explained, "The area around Mokseom is a site visited by many tourists to experience the landscape and natural phenomena, and incidents have continued to occur where outsiders unfamiliar with tidal changes approach and suddenly drown or become isolated."
Additionally, the appeals court recognized Ongjin County's fault in not taking measures to install safety facilities to prevent accidents, even if it was acknowledged that the deceased had schizophrenia, while also reflecting on the plaintiff's failure to adequately protect and supervise the deceased as a factor limiting the liability for damages on the victim's side.