Prosecutors Cleared Charges in January
First Investigation of Serious Accidents Punishment Act Violation in Distribution Industry
"Exceptional Incident"... Determined as Worker Negligence
Maeil Dairies, which had been under investigation for possible violations of the Serious Accidents Punishment Act after a worker died in a conveyor belt accident, was recently cleared of charges by prosecutors.
According to industry sources on April 22, the Pyeongtaek Branch of the Suwon District Prosecutors’ Office concluded on January 24 that there was insufficient evidence to charge Maeil Dairies CEO and Vice Chairman Kim Sunhee with violating the Serious Accidents Punishment Act (industrial accident resulting in death).
The safety manager B at the Pyeongtaek plant, who had been charged with occupational negligence resulting in death and violation of the Occupational Safety and Health Act, as well as safety manager C and on-site safety manager D, both of whom had been charged with occupational negligence resulting in death, were also cleared of charges.
It is reported that the prosecution accepted Maeil Dairies’ argument that the incident was “exceptional.” The prosecutors determined that the worker’s method of operation was not standard, making the accident unforeseeable. The Pyeongtaek Branch stated, “The victim approached the supply machine through a narrow inlet used for supplying pallets inside the production plant, which was an abnormal route.”
With this, Maeil Dairies, the first company in the distribution industry to be investigated for possible violations of the Serious Accidents Punishment Act, has been cleared of all charges.
In April 2022, at the Maeil Dairies Pyeongtaek plant in Pyeongtaek, Gyeonggi Province, a worker in his 30s, identified as A, was caught in an automatic pallet (milk crate) supply machine located outside the factory building. A was immediately transported to a hospital but died later that afternoon.
At the time, the Ministry of Employment and Labor immediately ordered a suspension of operations at the site upon confirming the accident and launched an investigation into the exact cause. The authorities also began investigating possible violations of the Serious Accidents Punishment Act and the Occupational Safety and Health Act. The Serious Accidents Punishment Act allows for the punishment of business owners or management if it is found that they failed to establish a safety and health management system in cases of serious accidents, including worker fatalities. Maeil Dairies, with more than 50 regular employees, was subject to the Serious Accidents Punishment Act.
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