▲ The scene of the accident at the SK Multi-Utility (MU) coal unloading yard in Nam-gu, Ulsan, on December 20, 2022.
The CEO of SK Multi-Utility (SKMU), who was put on trial for violating the Serious Accidents Punishment Act in connection with a subcontractor worker's fatal accident, has been acquitted by the Supreme Court.
On July 16, Supreme Court Justice Park YOUNGJAE of the Supreme Court's Second Division finalized the lower court's ruling, which acquitted SKMU CEO Kim Nam-gyu and the head of the subcontractor who had been indicted on charges of violating the Serious Accidents Punishment Act.
However, the SKMU corporate entity was sentenced to a fine of 5 million won on separate charges of failing to properly install safety railings in some workplaces.
Previously, in December 2022, a subcontracted worker in his 60s, identified as A, was crushed to death by coal at the SKMU coal unloading yard in Nam-gu, Ulsan.
The accident occurred while a dump truck heavily loaded with coal was unloading its cargo.
The prosecution indicted the CEOs of both the principal contractor and the subcontractor on charges including violations of the Serious Accidents Punishment Act, arguing that they bore responsibility for failing to take proper safety measures, such as deploying monitors and installing restricted access control lines.
However, the first trial court acquitted the principal and subcontractor CEOs, ruling that the mistake made by the dump truck driver, B, was the direct cause of the accident.
The court reasoned that it was difficult for executives or safety managers to anticipate that a dump truck's cargo bed would overturn due to a driver's misoperation on a solid and flat unloading yard floor.
The first-instance court stated, "Even if there was some negligence in failing to perfectly control access, holding the defendants responsible for an accident where a dump truck tipped over due to the driver's misoperation is excessive."
Meanwhile, the court recognized charges of occupational negligence resulting in death against the dump truck driver, who caused the fatal accident through misoperation and overloading, as well as the head of the transportation company, sentencing them to eight months in prison with a two-year probation, and six months in prison with a two-year probation, respectively.
The second-instance court reached the same conclusion.
The Supreme Court also dismissed the appeal, stating, "There are no errors in the lower court's judgment such as violating the rules of logic and experience to exceed the limits of the principle of free evaluation of evidence, misunderstanding legal principles regarding the establishment of the crime of occupational negligence resulting in death, violation of the Occupational Safety and Health Act, or violation of the Serious Accidents Punishment Act, nor is there any omission of judgment."
(Photo: Provided by reader, Yonhap News)
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