▲ Seoul Central District Court
The head of a main contracting company, who was indicted for shifting safety management responsibilities onto a subcontractor following the fatal fall of a foreign worker during mechanical parking lot construction, has been sentenced to a suspended prison term in the first trial.
Judge Lee Hee-sung of Criminal Single Division 7 at the Seoul Central District Court sentenced Kang, the head of the main contractor Company A who was indicted for violating the Serious Accidents Punishment Act (industrial accident resulting in death) and the Framework Act on Construction Industry, to two years in prison suspended for three years, along with an order for 240 hours of community service today (October 26).
Lee, the head of the subcontractor Company B who stood trial alongside, was sentenced to one year and six months in prison suspended for three years, along with 160 hours of community service.
Fines of 150 million won and 100 million won were imposed on the corporate entities of the main contractor and subcontractor, respectively, under the joint penal provision.
The court pointed out, "Although remodeling work for mechanical parking facilities is prohibited from being subcontracted, Company A's head illegally subcontracted the work to another company."
The court added, "Despite the high risk of a fall that could have been easily foreseen, the basic fall prevention measures were not taken, leading to the victim's death," and judged that "as a management responsible person, the failure to fulfill obligations under the Serious Accidents Punishment Act makes the culpability heavy."
However, the court explained that it considered factors such as the defendants reaching a settlement with the bereaved family of the victim and the family not wanting punishment.
Kang was brought to trial for failing to fulfill obligations to establish a safety and health management system in connection with an accident in March 2024 where a worker of Uzbek nationality fell to their death at a mechanical parking lot demolition site in Gangnam-gu, Seoul.
Following the accident, Kang claimed during an investigation by special judicial police officers at the labor office that the contract form with Company B was not a primary contractor relationship obligated to secure the safety and health of subcontracted workers under the Occupational Safety and Health Act, but rather a joint supply format.
However, as a result of the prosecution's investigation, it was revealed that Kang signed a contract outwardly in the form of a joint supply to cut costs, then illegally subcontracted the work to Company B, and Company B further subcontracted it to the company to which the deceased worker belonged.
(Photo: Yonhap News)
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