Prosecutors Indict Head of Primary Contractor for Fatal Serious Accident at Factory

Violation of Safety and Health Assurance Obligations
Second Case Following Masan Branch Office in November Last Year

Prosecutor's flag.
Photo by Yonhap News

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Another case has emerged in which the CEO of a primary contractor was indicted for failing to fulfill safety and health obligations related to the death of a subcontractor worker at a factory.

The Criminal Division 3 of Daegu District Prosecutors' Office Western Branch (Chief Prosecutor Seo Young-bae), which has been investigating the death of a subcontractor worker at an automobile parts manufacturing plant, announced on the 14th that it has indicted CEO A of the primary contractor and the primary contractor company without detention on charges of violating the Serious Accidents Punishment Act (industrial accident causing death) and the Industrial Safety and Health Act.

This case involves subcontractor worker B, who was working at the primary contractor’s factory and died after hitting his head on a plastic tool (commonly called a jig) that was ejected from a compression molding machine. B, who was injured on February 9 of last year, eventually died on March 10 of the same year.

The prosecution applied charges against A for failing to fulfill three safety and health obligations to establish a safety and health management system: ▲establishing a dedicated safety and health organization ▲preparing procedures to identify and improve hazardous and dangerous factors ▲assigning safety managers exceeding the legally required number. These failures led to the death of subcontractor worker B on February 9 last year. The company was also indicted under the joint punishment clause of the Serious Accidents Punishment Act.

The prosecution also indicted subcontractor CEO C and the subcontractor company on charges of violating the Industrial Safety and Health Act and causing death by negligence, respectively, and foreign subcontractor worker D, who worked on site with B, on charges of causing death by negligence.

It was investigated that they had used the jig, originally intended to measure product dimensions, in a customary manner at the worksite as a tool similar to a hammer to install metal rings inside the compression molding machine.

During this process, they failed to take safety measures such as providing a storage place and installing protective devices, and were charged with causing B’s death by failing to exercise due care in their duties.

The primary contractor company, with 980 regular employees, is subject to the Serious Accidents Punishment Act, but subcontractor company C, a sole proprietorship, is exempt from the Act until January 26, 2024, so only the Industrial Safety and Health Act and Criminal Act were applied.

The prosecution conducted a prompt on-site inspection with the Labor Office on the day B died, directly investigating the operation process of the compression molding machine, the original purpose of the jig, and the worksite practice of using the jig, and secured seized items through cooperation among investigative agencies.

In the process, it was confirmed that due to negligence in using the jig differently from its original purpose, the jig was ejected by the pressure of the compression molding machine and struck the head of victim B, who was standing about 7 meters away.

This case is the second case prosecuted by the Daegu District Prosecutors' Office Western Branch under the Serious Accidents Punishment Act. Previously, on October 19 last year, the same office indicted the CEO of a primary contractor for violating the Serious Accidents Punishment Act in a serious accident where a subcontractor worker fell to death from a high-altitude work platform at a construction site.

The Daegu District Prosecutors' Office Western Branch has assigned a public investigation prosecutor directly to maintain the prosecution, and the second trial is scheduled for April 12.

Additionally, this case is the second example of holding a primary contractor CEO responsible for failing to fulfill safety and health obligations related to the death of a resident subcontractor worker. The first case was a steel manufacturing company case prosecuted by Changwon District Prosecutors' Office Masan Branch in November last year.