Facility Manager Sentenced to 8 Months Imprisonment with 2 Years Probation
First Application of Serious Accident Punishment Act to Apartment Management Company
Court States "Need to Hold Responsible Corresponding to Outcome"
In relation to the accident in which an apartment management office employee died from a fall while working, the representative of the apartment complex management company and the office manager were sentenced to imprisonment under the Serious Accidents Punishment Act. This is the first time since the enforcement of the Serious Accidents Punishment Act in January last year that a guilty verdict has been handed down to a residential complex management company.
The Seoul Northern District Court Criminal Division 5 (Presiding Judge Lee Seok-jae) on the morning of the 12th sentenced apartment office manager Bae (63) and the representative of residential complex management company A, Jeong (62), who were indicted for violating the Serious Accidents Punishment Act, to 8 months in prison with a 2-year probation. Company A, indicted for violating the Industrial Safety and Health Act, was fined 30 million won.
The court stated, "Since a serious outcome of the victim's death occurred due to the defendants' breach of duty, it is necessary to hold them accountable commensurate with the outcome to prevent serious industrial accidents," adding, "We took into consideration that they fully admitted their fault and revised safety regulations after the accident."
B, a worker in his 60s working in the mechanical and electrical section of an apartment management office in Dongdaemun-gu, Seoul, died on April 15 last year after falling 1.5 meters while climbing a ladder to repair a ceiling leak. It is known that B had a chronic illness and may have misstepped. However, the special judicial police of the Ministry of Employment and Labor, who investigated the case at the time, applied the purpose of the Serious Accidents Punishment Act, stating that "even workers with chronic illnesses must have a safety system in place to prevent accidents," and referred the case to the Seoul Northern District Prosecutors' Office.
The prosecution, which took over the case, judged that B's death was caused because company A and Jeong failed to establish a safety and health management system, resulting in basic safety management rules not being followed, and brought them to trial. They also found that Bae was negligent for failing to fulfill his safety supervision duties. In the sentencing hearing on the 5th of last month, the prosecution requested 1 year imprisonment each for Bae and Jeong, and a fine of 150 million won for company A.
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