Subcontractor CEO Dies on the Job... "Subject to Industrial Safety and Health Act"

7 Injured and Killed at Namyangju Officetel Construction Site Last April
Court Rules "Safety Duty Violation Established Even If Victim Is Representative"

[Asia Economy Reporter Kim Sung-wook] If the representative of a subcontractor dies in an accident during work, does the Industrial Safety and Health Act apply? The court ruled that the law applies and sentenced the site manager and the subcontractor representative to fines.

On the 9th, the court sentenced Mr. A (57), the site manager of an officetel construction site in Namyangju, Gyeonggi Province, and Mr. B (61), the representative of a subcontracting company, each to a fine of 10 million won on charges of professional negligence causing death, professional negligence causing injury, and violation of the Industrial Safety and Health Act. The photo shows an aerial view of the Uijeongbu District Court Namyangju Branch. Photo by Uijeongbu District Court

On the 9th, the Criminal Division 1 of the Namyangju Branch of Uijeongbu District Court (Presiding Judge Jung Hye-won) sentenced A (57), the site manager of an officetel construction site in Namyangju, Gyeonggi Province, and B (61), the representative of a subcontractor, to fines of 10 million won each on charges of involuntary manslaughter, involuntary injury, and violation of the Industrial Safety and Health Act.

Additionally, the construction company and the construction association company where they worked or served as representatives were each fined 13 million won for management responsibility and other charges related to violations of the Industrial Safety and Health Act.

On April 24 of last year, an accident occurred in which C, the representative of a re-subcontractor, died during the new officetel construction. C was repairing an air conditioner pipe leak with a gas welder at the site when sparks ignited flammable materials.

At that time, C tried to escape the fire by hanging on the outer wall of the second-floor parking lot but fell and died from multiple injuries. Six other workers working on different floors inhaled toxic gases from the fire and were injured.

According to Article 63 of the Industrial Safety and Health Act, employers must comply with essential procedures during hazardous work or take necessary safety and health measures such as installing safety and health facilities to prevent industrial accidents.

The court judged that A and B tacitly recognized that C was performing work without safety measures related to fire work and neglected to intervene. In other words, they violated the safety obligations under the Industrial Safety and Health Act.

The court stated, "When performing fire-risk work in places with flammable materials, necessary fire prevention measures must be observed, including protective measures for nearby flammable materials during fire work, installation of fire extinguishers, spark and welding slag prevention covers, welding fireproof blankets, fire prevention and evacuation education for workers, and emergency measures. However, the defendants did not comply."

Previously, A and B argued that the Industrial Safety and Health Act did not apply because the deceased C was the company representative. However, the court ruled, "The inclusion of a representative among the victims does not negate the establishment of the crime of violating safety obligations."

However, the court added, "Considering the defendants' breach of duty of care during fire work and the causal relationship between this and the victims' deaths or injuries, their culpability is serious," but also noted, "The defendants' amicable settlement with the bereaved families of the deceased workers was taken into account."