[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Since the enforcement of the Serious Accidents Punishment Act in January this year, the prosecution has filed charges against the CEO of the primary contractor for a fatal accident at a construction site for the first time.
The Criminal Division 3 of the Daegu District Prosecutors' Office Western Branch (Chief Prosecutor Seo Young-bae) on the 19th indicted Company A, the primary contractor, and its CEO Mr. B without detention on charges of violating the Serious Accidents Punishment Act (industrial accident causing death) in connection with the death of a subcontractor worker at a factory construction site.
On March 29, at a factory construction site located in Dalseong-gun, Daegu, a worker belonging to subcontractor Company C fell to his death while working outside a high-altitude work platform without wearing a safety harness after the platform was raised to the 11-meter-high roof steel beam bolt fastening work.
Company A and CEO Mr. B were charged with causing the death of the subcontractor worker by failing to fulfill four safety and health obligations to establish a safety and health management system, including ▲formulating a safety and health management policy ▲establishing procedures for identifying and improving hazardous and dangerous factors ▲setting evaluation criteria for the performance of safety and health management officers ▲establishing criteria and procedures to determine compliance with safety and health measures by subcontractors.
The prosecution also indicted the site manager of primary contractor Company A and the site manager of subcontractor Company C without detention on the same day on charges of violating the Industrial Safety and Health Act and causing death by occupational negligence.
They were charged with causing the victim's death by occupational negligence for failing to take necessary safety measures to prevent industrial accidents, such as not implementing measures to prevent leaving the high-altitude work platform and not installing safety harness attachment equipment.
Since subcontractor Company C is a company with a contract amount under 5 billion KRW and is exempt from the application of the Serious Accidents Punishment Act until January 26 next year, it was also referred to trial on charges of violating the Industrial Safety and Health Act.
The Daegu District Prosecutors' Office stated, "This case is the first instance of applying the Serious Accidents Punishment Act to a fatal accident since the law's enforcement and the first case applied to a construction site accident."
It added, "It is also the first case of indicting the CEO of the primary contractor who could not be held responsible for the death of a subcontractor worker before the law was enacted."
The prosecution explained that if this incident had occurred before the enforcement of the Serious Accidents Punishment Act, only the site manager, who is the safety and health officer of the primary contractor Company A, would have been punished for violating the Industrial Safety and Health Act, but with the application of the Serious Accidents Punishment Act, the CEO of the primary contractor can also be held accountable.
However, it is known that the prosecution filed charges without detention considering that a smooth agreement was reached with the bereaved family.
The prosecution stated, "We will respect the legislative intent of the Serious Accidents Punishment Act, which was enacted to protect the safety of workers and citizens, and will conduct strict investigations and dispositions based on evidence and legal principles."
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