[Safety Neglect Republic] Pressure to "Match the Air," Punishments Are Lenient... Safety Takes a Backseat

<strong>Subcontracting and Sub-subcontracting Vicious Cycle<br><br>Rushed Construction Due to Time Pressure<br>Midnight Fire at Pyeongtaek Cold Storage<br>Supervisors Also Yielding to Contractors<br>Worker Death Results in Fines and Suspended Sentences Only</strong>

The site of the Icheon logistics warehouse construction fire in April 2020, which resulted in 38 deaths. [Image source=Yonhap News]

[Asia Economy Reporters Lee Gwan-ju and Jeong Dong-hoon] On April 29, 2020, at around 1:32 p.m., a large fire broke out at a logistics warehouse construction site in Moga-myeon, Icheon-si, Gyeonggi Province. During simultaneous urethane foam work and cutting operations, sparks ignited vaporized fuel, causing an explosion that instantly turned the site into chaos. Tragically, 38 workers who could not evacuate in time lost their lives. What happened with the punishment afterward? In November last year, the Supreme Court acquitted the Han Express officials, the project owner, on the grounds that there was no contract imposing safety or supervisory obligations on them. The site manager of Geonwoo, the contractor who directly carried out the construction under subcontract, was sentenced to three years in prison; the safety manager received two years; and the construction office’s supervising architect was sentenced to one year and six months, all sentences confirmed. The bereaved families expressed their outrage, asking, "Who should be held accountable?"

Safety accidents at construction sites often lead to large-scale human and property damage. Despite the need for stricter safety management, accidents caused by ‘safety negligence’ such as fires and collapses continue unabated. Experts analyze that this is due to a complex interplay of subcontracting practices where subcontracts lead to further subcontracts, construction site environments prioritizing schedule adherence over safety, and ‘lenient punishments.’

Similar issues arose at the frozen warehouse fire in Pyeongtaek-si, Gyeonggi Province, where three firefighters died in the line of duty on the 6th of this month. The fire broke out around 11:46 p.m. There were criticisms that the fire might have occurred due to excessive work continuing late into the night to meet the schedule. Pyeongtaek City expressed suspicion, stating, "There is doubt whether there was reckless overnight work ordered to shorten the schedule and carelessness during construction," and urged the police to conduct a thorough investigation.

The pressure on subcontractors to meet construction deadlines under subcontracting practices is the background to reckless construction. Illegal subcontracting was revealed in the Gwangju Hakdong demolition building collapse accident last June, which caused 17 casualties, and similar subcontracting issues surfaced in the recent Gwangju Hwajeong I-Park collapse accident on the 11th. Professor Park Jae-sung of the Department of Fire and Disaster Prevention at Soongsil Cyber University explained, "Most fires at construction sites occur near the end of the schedule. Flammable materials used in interior finishing and insulation work increase the ‘fire load,’" adding, "Because they are pressed for time, they sometimes carry out reckless construction." Professor In Se-jin of the Department of Fire and Disaster Prevention at Woosong University also said, "It is common for the primary contractor to almost force subcontractors to take on the work, and supervisors inevitably have to consider the contractor’s perspective."

Lenient punishments for construction site accidents are also identified as a factor that fosters safety negligence. Under the current Industrial Safety and Health Act, if an employer fails to fulfill safety obligations resulting in a worker’s death, they face up to seven years in prison or a fine of up to 100 million won. However, many cases end with fines or suspended sentences. According to the ‘2021 Judicial Yearbook,’ among 659 cases of violations of the Industrial Safety and Health Act handled in the first trial in 2020, 482 cases (73.1%) resulted in fines. There were 118 prison sentences, most of which (109 cases) were suspended. Professor Park said, "It is rare for offenders to be punished without reaching a settlement with the victims, and light punishments such as fines or suspended sentences are common."