Died While Bench Pressing 70 kg at Gym... Why Were Both the Trainer and Owner Acquitted?

Court Acknowledges Violation for Lack of Sports Instructor

However, Finds Insufficient Direct Causal Link to Death

Regarding the incident in which a gym member died from suffocation after a barbell pressed on his neck during a bench press exercise, the court has acquitted the gym owner and trainer. The court did not recognize criminal responsibility for the business owner or the trainer in connection with the fatal accident that occurred during a bench press workout at the gym. Although there were some legal violations in facility management, the court determined it was difficult to conclude that these violations led directly to the death.

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According to the legal community on July 20, the Busan District Court, Western Branch, Criminal Division 3 (Presiding Judge Kim Suhong) acquitted the owner of a gym in Busan, surnamed Jeong, and the trainer, surnamed Kim, who were tried on charges of occupational negligence resulting in death.

Left Unattended for 25 Minutes with Neck Compressed... Died from Hypoxic Brain Injury

The incident took place around 1 p.m. on December 20, 2024. A gym member in his 40s, surnamed Kim, was exercising alone on the third floor of the gym, bench pressing approximately 70 kilograms. He was unable to withstand the weight and the barbell pressed on his neck. Kim was left unattended with his neck compressed for about 25 minutes. He was later transported to the hospital and received treatment, but died from a hypoxic brain injury one week after the incident.

Prosecutors held the gym responsible for negligent management and violating the law. Under the Sports Facilities Act, gyms over a certain size are required to have a certified sports instructor present. Prosecutors argued that Jeong failed in this obligation, and that trainer Kim also neglected his duty to monitor the user's condition and respond to emergencies.

Court: "Lack of Causal Link to Accident Prevention"

However, the first trial court found that they could not be held criminally accountable. While the court acknowledged the violation of the Sports Facilities Act in failing to have a certified sports instructor present, it determined that it was difficult to conclude that having such an instructor at the time of the accident would have prevented the outcome.

Presiding Judge Kim stated, "Unlike swimming pools and other venues where risk is ever-present, there is no basis to believe that trainers or other staff at gyms—which can be considered relatively less dangerous—have a duty to constantly monitor users for accidents via CCTV. Moreover, considering that death is highly likely if asphyxiation continues for even about five minutes, even if the defendants had recognized the situation in real time, it cannot be definitively concluded that the victim would have survived."

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