Masan Branch Office, Second CEO Prosecuted Following Hanguk Jegang
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Cases of company CEOs being prosecuted for violations of the Serious Accidents Punishment Act, which has been enforced nationwide at prosecution offices since January this year, are continuously emerging.
According to data submitted by the Ministry of Employment and Labor to the National Assembly, out of 533 serious accidents that occurred until November this year, 194 accidents happened at workplaces with 50 or more employees where the Serious Accidents Punishment Act applies, and among these, 31 cases were sent to the prosecution with a recommendation for indictment.
Fatal Incident of Collision with Steel Pipe at Construction Site of Neighborhood Living Facility in Eulwang-dong, Incheon
On the 29th, the Criminal Division 6 of Incheon District Prosecutors' Office (Chief Prosecutor Son Sang-wook) announced that they have non-custodially indicted CEO A of a construction company, the primary contractor's management responsible person, for violating the Serious Accidents Punishment Act after investigating a fatal accident involving a subcontracted foreign worker at a new four-story neighborhood living facility construction site located in Jung-gu, Incheon.
A is accused of failing to take proper safety measures at the construction site in Eulwang-dong, Jung-gu, Incheon, around 9:40 a.m. on March 16, resulting in the death of a Chinese male worker in his 40s, B.
At the time of the accident, B was adjusting the height of the beam (a horizontal structure connecting columns) supporting the formwork on the first floor of the building when the structure suddenly collapsed, causing him to be struck on the head by a steel pipe and die.
The prosecution stated that the investigation confirmed that CEO A, as the primary contractor's management responsible person, did not fulfill the safety and health assurance obligations required by the Serious Accidents Punishment Act, such as failing to establish procedures for identifying and improving hazardous and dangerous factors to prevent accidents, which was the main cause of the accident.
Article 4 (Safety and Health Assurance Obligations of Employers and Management Responsible Persons) Paragraph 1 of the Serious Accidents Punishment Act imposes obligations on employers or management responsible persons to take measures including ▲establishing and implementing a safety and health management system with necessary personnel and budget for accident prevention (Item 1), ▲establishing and implementing measures for recurrence prevention in case of accidents (Item 2), ▲implementing measures for improvements or corrections ordered by central administrative agencies or local governments according to relevant laws (Item 3), and ▲management measures necessary for compliance with safety and health-related laws (Item 4) to prevent harm or danger to workers' safety and health.
Paragraph 2 of the same article delegates the authority to the Presidential Decree to specify detailed matters regarding measures under Items 1 and 4.
Furthermore, Article 4 of the Enforcement Decree of the Serious Accidents Punishment Act (Establishment and Implementation Measures of Safety and Health Management System) lists as measures under Article 4 Paragraph 1 Item 1 of the Act ▲setting safety and health goals and management policies for the business or workplace (Item 1), ▲establishing work procedures to identify and improve hazardous and dangerous factors according to the characteristics of the business or workplace, and conducting inspections at least once every six months to check whether identification and improvement of hazardous and dangerous factors are carried out according to these procedures and taking necessary actions (Item 3) ▲establishing criteria to evaluate whether safety and health management responsible persons faithfully perform their duties, and evaluating and managing them at least once every six months according to these criteria (Item 5), among others.
The prosecution judged that CEO A violated the obligations related to establishing a safety and health management system as a CEO, including 'setting safety and health goals and management policies,' 'identifying and improving hazardous and dangerous factors,' and 'establishing evaluation criteria for faithful performance of duties by safety and health management responsible persons.'
An official from the Incheon District Prosecutors' Office said, "This case is the first prosecution for violation of the Serious Accidents Punishment Act by the Incheon District Prosecutors' Office, clearly demonstrating that the primary contractor's management responsible person (CEO) at a construction site is responsible for serious industrial accidents involving subcontracted workers when failing to properly fulfill safety and health assurance obligations at the construction site."
Fatal Fall from Mobile Scaffold at Chuncheon Office of Education Construction Site
Meanwhile, on the same day, the Criminal Division 2 of Chuncheon District Prosecutors' Office (Chief Prosecutor Kim Sang-gyun) non-custodially indicted CEO C of a construction company for violating the Serious Accidents Punishment Act.
C is accused of failing to take proper safety measures at the new construction site of the Chuncheon Office of Education on February 26, resulting in the death of worker D.
At the time of the accident, D was cutting reinforced concrete without supervision or work direction and fell approximately 1.8 meters from a mobile scaffold (a temporary structure installed to allow work at heights), dying from the fall. Although mobile scaffolds are required to have safety railings installed at the top, the accident site reportedly lacked such railings.
The investigation concluded that C's failure to improve accident risk factors in advance and properly fulfill safety and health assurance obligations was the cause of the accident.
The prosecution judged that C did not fulfill safety and health assurance obligations such as ▲setting safety and health goals and management policies, ▲establishing evaluation criteria for the performance of safety and health management responsible persons, ▲establishing procedures for hearing workers' opinions, and ▲preparing manuals for serious accidents and imminent risks, which led to the serious accident.
An official from the Chuncheon District Prosecutors' Office said, "This is the first prosecution for violation of the Serious Accidents Punishment Act by the Chuncheon District Prosecutors' Office. We will continue to respond strictly to ensure that management responsible persons faithfully fulfill safety and health assurance obligations to protect workers' lives and safety."
Changwon District Prosecutors' Office Masan Branch, Second CEO Indicted Following Korea Steel in March
On the same day, the Criminal Division 1 of Changwon District Prosecutors' Office Masan Branch (Chief Prosecutor Kim Eun-ha) non-custodially indicted CEO E of Mandeok Construction for violating the Serious Accidents Punishment Act, following an investigation into a fatal accident involving a subcontracted worker at the 'Water Facility Pressure Improvement Project' construction site in Haman County.
E is accused of failing to fulfill safety management obligations related to an accident on May 19 around 7:50 a.m. at a construction site in Haman, where subcontracted worker F died after his head was caught between the rear part of an excavator and a fence.
The prosecution stated that the subcontractor in this case is subject to a construction amount of approximately 2.3 billion KRW and is exempt from the application of the Serious Accidents Punishment Act.
This case is the second case prosecuted by the Masan Branch for violation of the Serious Accidents Punishment Act.
Previously, the Masan Branch investigated a fatal accident in March where a subcontracted worker at Korea Steel was struck and killed by a 1.2-ton heat shield and indicted the CEO of Korea Steel last month on March 3 for violating the Serious Accidents Punishment Act.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
