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Injuries occurred during a golf game and criminal liabilities

  • DONG-A LAW REVIEW
  • 2012, (54), pp.517-538
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Seok-Min Shin 1

1경남대학교 사범대학 체육교육과

Accredited

ABSTRACT

A sport has right function such as relieving stress, maintaining and improving health, and offering emotional excitement. Golf, despite the lack of physical contact, is getting popular influencing the quality of life extensively. Yet any sport carries some level of risk since there is always a counterpart and players have to compete each other fiercely in order toreveal superiority over one another. In the case of injuries resulting from any sport games, if the injuries are considered as simple happenings and allow to evade further criminal liabilities, the consistency of law as well as the law-abiding spirit can be worsen. However, if players receive criminal liabilitieswithout exception, right function a sport offers can vanish. It is impossible to treat injuries occurred in sport games the same as those in general cases because they are right function in sport games. In particular, it would be unnatural for golfers to take full responsibilities for injuries while playing golf. Some could defense for civil liabilities but no one wants to hold any criminal liabilitiesfor unintentional injuries. Consequently, it is necessary to clarify who is responsible not to mention to define theoretical basis when it comes to the injuries occurred during a golf game. Object judgment, referring to criminal law article 266 in charge of accidental injuries, was issued whether it is valid or not in case of accidental injuries caused to third party by participant or when golf assistant was injured by a golf ball. It was also an issue of law considering cause-and-effect relationship in inferior court Therefore, this paper intends to define legally controversial issues that are criminal law article 17, cause-and-effect relationship and objective revert(Ⅱ), criminal law article 14, violation of caution obligation(Ⅲ) and criminal law article 24, consent of the victim & assumption consent and criminal law article 20 justifiable act in comparison with theparties to a suit, and to review object judgment(Ⅳ). At the end of the paper, the meaning of object judgment and problems to be solved are presented. In conclusion, revision of legislation which allows people to avoid any criminal liabilities from criminal law article 268, charge of accidental injuries. As well as criminal law article 266 in charge of accidental injuries is required because it can protect participants from criminal responsibilities and have jurisdiction justice realized by restoring unintended victims. This is the problem left in object judgment

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