Apartment Manager Acquitted Again in Second Trial Over Worker's Fall While Picking Persimmons

An apartment complex manager who was put on trial for a fall accident after instructing an employee to pick persimmons has been acquitted again in the second trial.
The Seoul Eastern District Court's Criminal Appeals Division 5 (Presiding Judge Kim Yang-hoon) dismissed the prosecution's appeal yesterday (July 7) against the apartment manager, identified by his surname Kwon (70), and the building management company. Both had been acquitted in the first trial on charges of professional negligence resulting in injury and violations of the Occupational Safety and Health Act.
On October 17, 2023, Kwon instructed a worker in his 60s, identified as A, and others to pick persimmons from a tree in the apartment's flower bed.
While picking the fruit, A stepped on a tree branch without any safety equipment. The branch broke, causing him to fall approximately 4 meters, resulting in injuries including a cervical spine fracture that required 29 weeks of treatment.
The prosecution indicted Kwon and the company, alleging that they caused the injury by ordering a dangerous task. However, the first trial court acquitted them this past April.
The court reasoned that there was no evidence that Kwon had explicitly ordered the worker to climb the persimmon tree.
The first trial court also determined that obligations under the Occupational Safety and Health Act, such as installing work platforms, are primarily applicable to high-altitude work at construction or building sites, making them difficult to apply to this specific case.
The appellate court stated on this day that the judgment of the lower court was correct.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.