A 4-year-old boy drowned during a swimming lesson at an apartment pool in Busan, leading a court to determine that the babysitter who brought the child to the pool had a duty to prevent safety incidents.
According to Yonhap News, Judge Jang Gi-seok of the Busan District Court on September 8 suspended a fine of 2 million won for a 20-year-old woman, identified as A, who was charged with negligent homicide.
The suspension of the sentence allows for a delay in the imposition of punishment while acknowledging the defendant's circumstances and the severity of the crime.
The incident occurred in February 2023 at a swimming pool in an apartment complex in Busanjin District, Busan. The boy, referred to as B, drowned while A was supervising him during the lesson.
At the time of the accident, A had dressed B in a swimsuit and flotation devices but was sitting on a poolside chair watching videos on her phone with earbuds in. She only became aware of the incident after B was rescued.
B was reportedly unable to surface after his flotation device became caught on a pool ladder while playing with other children, remaining underwater for approximately 2 minutes and 44 seconds.
Previously, the swimming instructor received a one-year prison sentence, suspended for two years, while the pool's safety manager was fined 5 million won.
The key issue in this trial was whether A had a legal obligation to continuously monitor B during the swimming lesson.
A's defense argued that her responsibilities as a babysitter were limited to transporting the child to the pool and preparing for the lesson, and that she was not required to supervise or protect the child during the lesson.
In fact, B's guardian stated during the investigation that A was told she could wait while using her phone until the lesson was over.
However, the court did not find that the babysitter's contract explicitly included a duty to supervise the child during the lesson.
Nonetheless, the court concluded that A had a duty of care based on the circumstances at the time. Judge Jang stated that when a person is responsible for transporting a child to a potentially dangerous swimming lesson, they have an obligation to ensure the child's safety from an appropriate position.
While the court recognized A's breach of duty, it also considered that her level of negligence was relatively minor compared to other parties involved in the incident, and noted that B's guardian was not actively seeking punishment against A.
* This article has been translated by AI.
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