▲ Busan District Court Eastern Branch
The CEO of a painting company in Busan, where two previous fatal accidents had occurred, has received a suspended prison sentence following another fatal fall by a worker.
According to the legal community, Judge Noh Haeng-nam of Criminal Division 3 at the Busan District Court Eastern Branch sentenced the CEO of the painting company, identified as A, to 1 year and 6 months in prison, suspended for 3 years, on charges of violating the Serious Accidents Punishment Act, the Occupational Safety and Health Act, and involuntary manslaughter by occupational negligence.
The corporate entity of the company was fined 100 million won, while the site manager, B, and the site foreman, C, were each fined 7 million won for involuntary manslaughter by occupational negligence.
According to the ruling, on September 5, 2024, a worker in their 50s employed by A's company—while carrying out exterior wall crack repair, repainting, and rooftop waterproofing work at an apartment complex in Gijang-gun, Busan—fell 11 meters to the ground from an aerial work platform and died.
At the time, the front safety railing of the aerial work platform had been removed for work convenience, and the victim was not wearing a hard hat or a safety harness.
During the trial, the company denied responsibility, claiming that the work method was decided by the site foreman and that the accident was caused by the negligence of the platform operator and the victim.
However, the court rejected these arguments.
The court determined that the site manager had photographed work being conducted without safety railings and uploaded the photos to a KakaoTalk group chat that included CEO A, and that A was aware of the hazardous work method, having visited the site in person.
In particular, the court pointed out that the safety railings were removed to expand the working space, thereby reducing working hours and labor costs.
It was confirmed that two workers had also fallen to their deaths at this company in the past.
In August 2010, a worker fell and died after a support rope snapped during an apartment exterior painting project, and in April 2022, another worker fell to their death due to inadequate safety measures at a different apartment painting site.
CEO A's father, who was the company's head at the time of both accidents, was sentenced to a 3 million won fine and 1 year in prison with 2 years of probation, respectively.
A took over the position of CEO from his father in November 2023, shortly after the verdict for the second accident was handed down.
Judge Noh stated that the sentence was determined by taking into consideration the fact that although A denies responsibility for the accident, he has no prior criminal record and has paid 60 million won in a criminal settlement to the bereaved family of the victim.
(Photo: Yonhap News)
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