Gym officials were acquitted in connection with the accident of a gym member who died of being pressed by his neck while doing “Bench Press,” an exercise that lifts the barbell over his chest while lying down
According to the legal community on the 19th, the Busan District Court’s Western Branch Criminal Chamber 3 (Chief Judge Kim Soo-hong) acquitted Jeong, the head of a fitness center in Busan, and trainer Kim, who were indicted on charges of professional negligence
The accident occurred at 1 p.m. on December 20, 2024
A member in his 40s was pressed by the barbell because he could not overcome the weight while exercising bench press by himself on the third floor of the gym
A was left for about 25 minutes with his neck pressed. He was later taken to a hospital for treatment, but died of hypoxic brain damage a week after the accident
The prosecution held the gym responsible for negligence in management and violation of the law. Under the Sports Facility Act, gyms of a certain size or larger must have a sports leader. However, Chung broke this, and trainer Kim also neglected his duty of care to check the user’s condition and <a href="https://healthylife7.com/every-second-counts-how-to-respond-when-someone-has-a-stroke/” title=”Every second counts: How to respond when someone has a stroke”>respond to emergency situations
However, the first trial court decided that they could not be held criminally liable. This is because it is difficult to acknowledge the causal relationship that even if there was a leader at the time of the accident, it would have prevented the result, while acknowledging the violation of the law that did not deploy a sports leader under the Sports Facility Act
“There is no basis for the fact that trainers and others have the duty of care to frequently check whether the user has an accident with CCTV at a gym, which is considered to be relatively low-risk, unlike swimming pools where the risk exists,” senior judge Kim said. “Considering that the possibility of death is high even if the nausea lasts only about five minutes, it cannot be concluded that the victims would not have died even if the defendants were aware of the situation at the time.”
The prosecution, which objected to the first trial’s ruling, appealed to the court on the 13th
