dhkim030203
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This is a somewhat well-known Korea-related forum. Many complaints about Korean dive shops being too dangerous and costly. I wonder how true this is.
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This is a somewhat well-known Korea-related forum. Many complaints about Korean dive shops being too dangerous and costly. I wonder how true this is.
I don't have personal experience with this, but what I've heard seems to conflict with this assessment to some degree. Under the Korean Civil Law code, what are known as the criminal law (charges) and civil law (financial penalties) divisions in Common Law countries (most of the English speaking world), are far more closely entwined. It's my understanding that in Korea rather than charges being brought immediately in the case of injury through negligence, the family of the injured is generally given first crack at redress through demanding a financial settlement. If their loved one dies, the demands for a financial payout can be intense. This is often mistakenly referred to as 'blood money', but is more accurately just how a Civil Law system works, with charges and financial penalties being more closely linked. The motivation to meet the payout demand is that if a financial settlement is reached, charges may be dropped altogether. Obviously, I'm not a lawyer, but I'm guessing that if you had lost an eye to a speargun on a nightmare boat ride, you'd have been able to go after both the boat operator and the person that brought the speargun onboard due to negligence. This summer, one of the reasons operators cited for the "must dive with a professional rule" was concern over their liability if anything went wrong.This is just a guess, but unlike other places where when an accident happens if the dive shop is found negligent in some way, the injured can likely win retirement level money, Korea does not have just a legal system. For example if I were stabbed in the face and lost an eye due to random divers with spears on a flat bottom boat ( this nearly happened) my compensation would likely be very little even if he had insurance. First of all its completely illegal to harvest from the ocean wearing scuba gear so the captain should not allow this. I'm sure the boat is in some type of violation operating as a rec scuba tour operator but no handles/way to secure tanks or even yourself from falling over, more than likely several other violations as well. Despite what most of us would consider "negligence" all around the board, payout for be small to perhaps even nothing! THIS is why I think so many places are lax on safety...because there is no painful recourse in the event of an accident due to their negligence.
Yes. My point was these settlements are not the millions of dollars as they are in the US or Europe. Even the families of children killed by people running red lights are lucky to see more than 10,000 USD.I don't have personal experience with this, but what I've heard seems to conflict with this assessment to some degree. Under the Korean Civil Law code, what are known as the criminal law (charges) and civil law (financial penalties) divisions in Common Law countries (most of the English speaking world), are far more closely entwined. It's my understanding that in Korea rather than charges being brought immediately in the case of injury through negligence, the family of the injured is generally given first crack at redress through demanding a financial settlement. If their loved one dies, the demands for a financial payout can be intense. This is often mistakenly referred to as 'blood money', but is more accurately just how a Civil Law system works, with charges and financial penalties being more closely linked. The motivation to meet the payout demand is that if a financial settlement is reached, charges may be dropped altogether. Obviously, I'm not a lawyer, but I'm guessing that if you had lost an eye to a speargun on a nightmare boat ride, you'd have been able to go after both the boat operator and the person that brought the speargun onboard due to negligence. This summer, one of the reasons operators cited for the "must dive with a professional rule" was concern over their liability if anything went wrong.
This all may be subject to recent changes as on January 8, 2021, the Korean National Assembly passed the Serious Accident Punishment Act (“SAPA”) which designates penalties for business that fail to execute proper care and due diligence in the operation of their business, including transportation.
Oh, I see. More a difference in degree. Got it.Yes. My point was these settlements are not the millions of dollars as they are in the US or Europe. Even the families of children killed by people running red lights are lucky to see more than 10,000 USD.