‘Seoul's First Serious Accident Punishment Act Prosecution’ Construction Company CEO Receives Suspended Prison Sentence in 2nd Trial

The representative of a construction company, who was the first in the Seoul area to be prosecuted under the Serious Accidents Punishment Act, received a suspended prison sentence in the second trial following the first trial.

The 50th Criminal Appeals Division of the Seoul Central District Court (Chief Judge Cha Young-min) on the 29th sentenced Mr. Lee, the representative of construction company A, who was indicted on charges of industrial accident causing death under the Serious Accidents Punishment Act, to one year in prison with a two-year suspension, the same as in the first trial. The corporation A, which was also indicted under the joint penalty provision, was fined 50 million won, as in the first trial.

The court stated the reason for dismissing the appeal, saying, "The sentencing in the original trial cannot be seen as exceeding the reasonable range of discretion."

Mr. Lee and company A were prosecuted last June on charges of failing to fulfill their duty to ensure safety and health at a new construction site in Seocho-gu, Seoul, on March 25, 2022, which resulted in the death of their employee Mr. B. Mr. B died after falling during painting work, and it was investigated that basic safety measures such as fall protection facilities were not in place at the time.

It was reported that company A did not hire a successor after the site safety manager resigned four months before the accident, citing labor cost burdens. Additionally, prior to the accident, the company had been repeatedly pointed out by the Employment and Labor Office for inadequate fall protection facilities and had been fined dozens of times.

In the first trial, the court sentenced Mr. Lee to a suspended prison term, stating, "The crime is serious as it resulted in the death of the victim," but also considering that "after the accident, safety measures were established, there was a pledge not to reoffend, and an agreement was reached with the bereaved family."

Enacted in 2021 and implemented the following year, the Serious Accidents Punishment Act stipulates that if a serious accident causing one or more deaths occurs, the employer who fails to fulfill the duty of accident prevention shall be punished by imprisonment for at least one year or a fine of up to 1 billion won.