The owner of a gym and a trainer have been found not criminally liable in the death of a customer who was trapped under a barbell while bench pressing.
The Busan District Court Western Branch recently acquitted the gym owner, identified by the surname Jeong, and the trainer, identified by the surname Kim, who had been indicted on charges of professional negligence resulting in death.
The incident occurred on December 20, 2024, at approximately 1:00 p.m., shortly after lunchtime, when a customer in his 40s, also surnamed Kim, was exercising alone on the third floor of the gym with a 70kg barbell.
While performing a bench press, the customer was unable to handle the weight and dropped the barbell, leaving his neck pinned underneath. He remained in that state for about 25 minutes before falling into an unconscious state.
Although he was transported to a hospital, he died one week later due to hypoxic brain injury.
Regarding the accident, the prosecution indicted the owner, Jeong, and the trainer, Kim, on charges of professional negligence resulting in death.
The prosecution argued that under the Physical Education Facilities Act, sports facilities of a certain size are required to station sports instructors to ensure the safety of users, and that this requirement had been violated.
The prosecution further contended that they should have monitored the customer's exercise status through means such as CCTV surveillance.
However, the court ruled in favor of Jeong and the trainer in the first trial.
While the court acknowledged that the gym had failed to station a sports instructor, it concluded that it was difficult to determine that the presence of an instructor would have prevented the accident.
The court stated, "Unlike facilities such as swimming pools where risks are ever-present, there is no basis to conclude that trainers have a duty of care to constantly monitor users for accidents via CCTV in a gym, where the level of risk is not considered to be as high."
The court also added that, noting the high probability of death if a state of asphyxiation persists for just about 5 minutes, it could not be assumed that the victim would have survived even if Jeong and the others had been aware of the situation.
The prosecution has appealed the verdict.
Reported by Kim Minjeong | Video by Jang Yu-jin | Graphics by Yook Do-hyun | Produced by SBS Digital News
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