골프코스에서 발생한 골프장 안전사고에 대한 책임 및 대책방안

Abstract

Golf clubs and golf popularity has increased tremendously in the last 30 years. As a result, the safety related accidents at golf courses occur frequently in recent years. The personal injuries usually happened because of : golfers" reckless swings; flying golf balls; golfer negligence; falling from golf cart and onverturned golf carts; or lighting accident.As for golf accidents, legal liability becomes a problem and liability differs depending on the types of accident. Many different subjects are involved in safety accidents occurring within a golf course. In a situation where a person is struck by an errant golf ball, the general rule is that the golfer hitting the ball is under a duty to exercise ordinary care for the safety, however, sometimes the owner of a golf course, the caddie, or the designer of a golf course may held liable for injuries to a person struck by a golf ball. Among the subjects are players and companions, caddy who assists game progress, golf course operator who supervises caddy and installs·manages and operates golf course facilities and cart manufacturer who is liable for cart accidents. Among the foregoing, golf course operator is the main agent who assumes the broadest responsibility for golf accidents. In the event that a safety accidents occurs in a golf course, legal composition that victim becomes entitled to make golf course operator take both contractual liability and tort liability becomes possible. Meanwhile, there are the occasions in which golf course operator assumes tort liability for affected players, and user liability in the Article 756 and liability for structures in the Article 758 of the Civil Law may become the legal basis. In the event that an accident occurred by the negligence of a caddy who is responsible for safe operation of golf game, user liability in the Article 756 of the Civil Law may become a problem. This study aims to investigate golf-related safety accidents from a legal point of view for the purpose of academic research. To achieve this, constitutional safety rights, civil and criminal liability, disaster and safety management laws were scrutinized. Using this study method, how to clarify where the responsibility lies and solution for the future possible safety accidents in golf were suggested. Firstly, safety accidents are preventable with safety education. If individual risks are prevented and removed in advance by training managers as well as customers of golf courses in safety, future possible safety accidents can be prevented effectively. Secondly, it is required to have liability insurance. According to current law, it is compulsory only for golf course businesses to have liability insurance. However, the imposition of obligation to have liability insurance should be expanded to driving range businesses in order to protect safety rights of customers of golf-related facilities. Thirdly, it is presented to be equipped with emergency facilities. The relevant regulations need to be amended in a way to impose obligation to have emergency facilities. In addition, voluntary effort of managers to install emergency facilities is necessary as well. Lastly, it is advised for the involved local governments to rigorously carry out safety management and supervision.