A business owner who ignored reported safety risks during an inspection and proceeded with work, resulting in a fatal accident, was sentenced to prison under the Serious Accidents Punishment Act. This is the heaviest sentence imposed on a business owner in a first-instance ruling related to the Serious Accidents Punishment Act to date.
According to the legal community on the 9th, Ulsan District Court Criminal Division 3 Judge Lee Jae-wook sentenced CEO A of a car parts company in Yangsan to two years in prison on the 4th for violating the Serious Accidents Punishment Act and other charges. The company’s general director B, who was indicted for professional negligence resulting in death, was sentenced to one year and six months in prison with labor, and the company corporation, charged under the Serious Accidents Punishment Act, was fined 150 million won.
In July 2022, a male worker in his 40s of Nepalese nationality died after being caught in a die-casting machine mold while cleaning inside the die-casting (casting) machine at A’s company.
A was repeatedly informed by the Korea Industrial Safety Association, which was entrusted with safety inspections, that some safety door guards on the die-casting machine were damaged and that the risk of an accident was high and immediate improvement was necessary, but reportedly took no significant action. Additionally, no manuals were prepared regarding work stoppage, worker evacuation, or hazard removal in preparation for accidents.
The court stated, “Even up to ten days before the accident, the Korea Industrial Safety Association pointed out specific accident risks, yet this terrible accident occurred,” and added, “If appropriate measures had been taken, the victim would not have died.” It further noted, “Even if an agreement was reached with the bereaved family and corrective measures were completed afterward, leniency such as probation cannot be granted.”
This case is the second instance of imprisonment in a trial under the Serious Accidents Punishment Act. Previously, the CEO of Korea Steel was sentenced to one year in prison by the Supreme Court in December last year.
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