“Under the current law, only a recommendation to suspend an event is possible.
“If arbitrary suspension becomes possible, the possibility of legal disputes increases”
The debate over authority over the holding and suspension of private events is expected to resurface in connection with the occurrence of a number of heat-related illnesses at the night marathon held in Hanam City, Gyeonggi Province last weekend.
According to local governments on the 19th, at a marathon held at the Misa Gyeongjeong Park Rowing Canoe Stadium in Hanam-si, Gyeonggi-do at around 7:00 PM on the 17th, 29 participants collapsed within an hour of the start of the race, and 19 were transferred to the hospital.
Since the marathon was held at a time when disaster safety text messages were being sent out frequently advising people to refrain from outdoor activities due to the continued heat wave and tropical nights, the occurrence of heat-related illnesses was somewhat predictable.
This is because a heat wave warning has been in effect since late July for most of the surrounding areas, including Hanam City, and the temperature in Hanam City on that day was 30.1 degrees Celsius, but the perceived temperature was 1 to 2 degrees higher.
Eventually, not long after the competition began, participants began to collapse one after another, and the fire department and Hanam City Health Center quickly responded and transported participants in poor condition to the hospital.
It is a regrettable accident that could have resulted in the cancellation or postponement of the event, but public officials have different views on this accident.
The first argument that came up was that the safety management plan does not reflect climate factors such as heat waves, and that local governments have no real authority.
For private events of a certain scale or larger, the organizer is required to establish and submit a safety management plan, but most of the current safety management guidelines and city/county event venue safety-related ordinances are focused on facilities.
Even if the private safety management plan is inadequate, the local government does not have the authority to stop the event itself, so many public officials say that when an accident like this happens, the only thing they can do is recommend a suspension.
On the other hand, some argue that if local governments are given the authority to stop events, there is a high possibility that legal disputes will arise over revenue, which is an important element of private events, so it is right to leave it entirely to the private sector.
It is judged that leaving the decision to hold or cancel an event up to the organizer’s discretion, but strengthening insurance and other guarantees for accident liability, can reduce the possibility of disputes, as hasty cancellation of an event can lead to lawsuits.
A local government official said, “Local governments only have the authority to recommend the suspension of private events and do not have the authority to forcibly suspend or cancel events.” He added, “In the case of this accident, there were many patients, but given the current circumstances, it can be seen that Hanam City, along with the fire department, responded well in the initial response.”
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2024-08-19 07:25:47