Choi Bo Min wins lawsuit after golf club hit him with facial fracture
Ex-Idol Actor Wins Damages Lawsuit
Former Golden Child member turned actor Choi Bo Min has won a lawsuit for damages after he suffered a facial fracture in a golf course accident. The Seoul Western District Court Civil Division partially ruled in favor of Choi Bo Min against individual 'A', who swung the club, and golf course operator 'B'. 'B' was ordered to pay approximately KRW 12 million (~$8,605), of which KRW 10.6 million (~$7,601) will be split with 'A'. This judgment is now final.
The incident took place in September 2022 at a golf course in Deogyang-gu, Goyang City, Gyeonggi Province. Choi Bo Min was using a booth at his stand when 'A', in an adjacent booth, accidentally hit him in the face with a golf club. Choi suffered a complex zygomatic (cheekbone) fracture, forcing him to stop his activities. The booths were spaced 2.5 meters apart.
The judge stressed that golf course operators must provide safe facilities to avoid risks to users. Although the course complied with the spacing condition, there were no partitions or boundary structures between the stands. The kiosk was also positioned close to the adjacent stand, meaning that anyone using it could easily enter the swing radius of the neighbouring user, posing a high risk of injury. The judge found that 'B' had breached its duty of care by failing to provide adequate safety measures, leading to the accident. Thus, 'B' was liable for failing to fulfil the contractual duty of safety of the facility.
The judge also noted that 'A', a regular at the course, had previously hit someone's cap while swinging, suggesting an awareness that spacing might be insufficient to prevent accidents. In this incident, 'A' swung from a slightly rearward position, making it reasonably foreseeable that a person in the stand behind might be struck. The judge said 'A' should have been more careful, checking his surroundings and ensuring a safe swing.
However, the judge also ruled that Choi Bo Min had some responsibility for not taking preventive safety measures himself. 'A's' liability was therefore limited to 30%, because Choi Bo Min could have anticipated the risk, given the spacing of the stands and the proximity of the kiosk, but failed to remain vigilant.
The court awarded approximately KRW 2 million (~USD 1,435) for medical expenses and KRW 10 million (~USD 7,173) in compensation for emotional harm. However, Choi Bo Min’s claim for KRW 35 million (~USD 25,105) for loss of income from 12 contracts missed during his recovery was dismissed due to insufficient evidence linking this special damage to ‘A’ and ‘B’s knowledge of these circumstances at the time of the accident, meaning that it could not be considered directly related to the accident.
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