On the 29th of last month, a woman in her 20s died as a result of a structural collapse incident at Changwon NC Park in Changwon, Gyeongnam. The civil and criminal liability for this incident and the applicability of the Serious Accidents Punishment Act have emerged as key legal issues.

This incident occurred when a structure attached to the building fell near the 3rd base concession stand at Changwon NC Park. At the time, three spectators were injured, and one of them died while receiving treatment. The stadium is owned by Changwon City and is managed and operated by the Changwon Facilities Management Corporation. The NC Dinos are currently using this stadium.

Attorney Yun Chang-min from Haewon Law Firm noted regarding this incident, "Changwon City, as the owner of the baseball stadium, could be liable for damages under Article 758 of the Civil Act if the cause of the accident is due to defects in the installation and maintenance of the structure. In addition, if the Changwon Facilities Management Corporation failed to fulfill its duty of safety management, it could also be liable for damages."

He added, "However, in the case of the NC Dinos, if they were not directly involved in the installation or maintenance of the structure and did not recognize the danger in advance, their civil liability could be limited."

As there was loss of life in this incident, the applicability of 'negligent homicide in the course of duty' under criminal law is also being scrutinized. Attorney Yun Chang-min stated, "According to Article 268 of the Criminal Act, if a death occurs due to failure to fulfill the duty of care in the course of duty, one could be sentenced to imprisonment for up to five years or fined up to 20 million won."

Furthermore, he indicated, "Therefore, individuals responsible for the facilities maintenance and safety from the Changwon Facilities Management Corporation, Changwon City officials, or representatives from subcontracted maintenance companies could also face criminal penalties."

Since the incident that caused casualties occurred at Changwon NC Park, which can be classified as an 'indoor public facility,' the possibility of the Serious Accidents Punishment Act being applicable has also been raised. Attorney Yun Chang-min emphasized, "Under this law, if a defect in an indoor public facility results in the death of one or more individuals, it is recognized as a 'serious civic disaster,' which could result in the business manager facing imprisonment of more than one year or a fine of up to 1 billion won."

Attorney Yun Chang-min said, "In particular, since the KBO (Korea Baseball Organization) office informed each club that the baseball stadium is subject to the application of the Serious Accidents Punishment Act after the law came into effect in 2022, the responsibility for this incident and the contractual relationships among management entities are expected to become key issues."

Attorney Yun Chang-min remarked, "Even if the facility was entrusted to a third party, if the entity that practically controlled, operated, and managed it did not fulfill its obligation to ensure safety, it is difficult to avoid legal responsibility," and stated, "If the cause of the accident was a defect in the structure, the possibility of the Serious Accidents Punishment Act being applicable is high."

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