The prosecution investigating the collapse accident at the quarry in Yangju, Gyeonggi Province, which became the 'first case' just two days after the enforcement of the Serious Accident Punishment Act, has indicted related parties including Jeong Dowon, chairman of Sampyo Group, and Lee Jongshin, CEO of Sampyo Industry.
The Criminal Division 4 of Uijeongbu District Prosecutors' Office (Chief Prosecutor Hong Yonghwa) announced on the 31st that it had indicted Chairman Jeong Dowon without detention on charges of violating the Serious Accident Punishment Act (SAP Act), and six executives including CEO Lee Jongshin on charges of violating the Industrial Safety and Health Act. Four field workers were also summarily indicted for professional negligence resulting in death.
They are accused of failing to comply with safety obligations in the accident where three workers were buried and died in a landslide while working at Sampyo Industry's Yangju site on January 29 last year.
The prosecution particularly judged that the person responsible for management as stipulated in the SAP Act in relation to this accident was Chairman Jeong. The SAP Act defines the person responsible for management subject to punishment as "a person who has the authority and responsibility to represent and oversee the business or a person in charge of safety and health duties equivalent to that," and concluded that this was Chairman Jeong.
The prosecution explained that if a person exercises substantial and final authority, they can be regarded as the person responsible for management regardless of titles such as CEO or Chief Safety Officer (CSO).
According to the investigation, Chairman Jeong was the final decision-maker who gave specific instructions to executives including the CEO during the quarrying process.
The prosecution also considered that Chairman Jeong, an expert who had worked in the quarry industry for 30 years, ultimately decided the quarrying method at the accident site and was aware that continuing quarrying would steepen the slope and increase instability. They judged that CEO Lee Jongshin only carried out Chairman Jeong's instructions and assisted in exercising management rights, making it difficult to regard him as the person responsible for management.
However, considering that he recognized the danger of the accident site and failed to fulfill safety and health obligations under the Industrial Safety and Health Act, charges of violating the Industrial Safety and Health Act were applied.
Earlier, at around 10:08 a.m. on January 29 last year, a landslide occurred during drilling work for stone extraction at Sampyo Industry's Yangju quarry in Dohari, Eunhyeon-myeon, Yangju-si, Gyeonggi Province, killing three workers. As Sampyo Industry became the first workplace to which the SAP Act was applied, public attention focused on the case, leading to a search of the headquarters and the CEO being booked.
Violations of the Serious Accident Punishment Act and the Industrial Safety and Health Act were investigated by the Ministry of Employment and Labor, while charges such as professional negligence resulting in death were investigated by the police. About four months after the accident, on June 13 last year, the Central Regional Employment and Labor Office sent the person responsible for management at Sampyo Industry and the head of the Yangju business site to the Uijeongbu District Prosecutors' Office with a recommendation for indictment.
The Violent Crime Investigation Unit of the Northern Gyeonggi Police Agency sent 12 people including the site manager, safety manager, and blasting team leader of Sampyo Industry's Yangju business site to the prosecution with a recommendation for indictment.
Meanwhile, the business community is strongly opposing the prosecution's decision to indict.
The prosecution applied the Serious Accident Punishment Act to this collapse accident and indicted the group chairman, not the CEO of 'Sampyo Industry,' who is responsible for safety. They used the fact that the group chairman took an interest in the safety of affiliates, encouraged safety activities, and that the holding company even formed a separate organization to support the safety work of affiliates as grounds for holding the group chairman ultimately responsible for the accident.
The business community voices concerns that such a judgment by the prosecution may hinder future corporate safety improvement activities.
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