A holder of a freediving certification drowned while diving alone at a diving center without an underwater breathing device. In such cases, will the owner of the diving center be punished for negligent homicide?
A first-instance court ruling has stated that if the owner of the diving center did not adhere to safety regulations requiring at least two people to dive together to prevent accidents, they should be punished.
The Seoul Central District Court's Criminal Division 17 (Director General Heo Seo-yoon) announced on the 7th that it sentenced A, the owner of the diving center indicted on such charges, to 10 months in prison.
At the diving center operated by A, a man in his 40s, B, had an accident while diving alone in March 2023. B was a holder of a freediving certification. Because freediving carries a high risk of accidents, even certified individuals must adhere to safety regulations requiring them to dive in pairs.
On the day of the accident, B reportedly called A before visiting the diving center and asked, "Is it okay if I go alone?" A stated, "There is an instructor on site, so it's fine to come alone," and indicated that they would pair B with one of the guests who had already arrived.
However, A did not find a partner for B even after he began diving alone. Eventually, B lost consciousness after about 10 minutes of diving alone. Another guest witnessed this and alerted A. B was transferred to the hospital on A's report but died of septic shock two months later.
The court ruled that "A has an obligation to ensure that diving center users enter the water with a partner and to pair those who visit alone with one of the users who arrived earlier."
The court further stated, "Since A informed B that it was okay to visit alone, it is clear that A violated their duty of care. There is a significant causal relationship between B's death and A's negligence in their duties."