Worker falls to death... Tried under dual punishment provisions, but public institution official acquitted

A worker fell to his death while inspecting gas pipes in an underground machine room.
The court said, “There is no evidence of work instructions or neglect without safety measures… acquittal.”

Public institution officials who were indicted in an accident in which a worker fell to his death while inspecting a gas pipe in an underground machine room were acquitted on charges including manslaughter due to occupational negligence.

On May 22, the Western Branch of the Busan District Court (Chief Judge Kim Soo-hong) acquitted Public Institution A and Manager B of the Ministry of Patriots and Veterans Affairs, who were put on trial on charges of violating the Occupational Safety and Health Act and causing manslaughter due to occupational negligence.

Mr. C, a facility manager indicted on the same charges, was sentenced to six months in prison, two years of probation, and 40 hours of community service.

Previously, in July 2021, worker D fell while inspecting and working on a problem with a nitrogen gas pipe in the machine room on the first basement floor of a hospital in Busan. He was later taken to the hospital, received treatment, but died.

The incident occurred at the Busan branch of public institution A, but was prosecuted under the dual punishment rule. The dual punishment regulation is a system that holds corporations or individuals responsible as well as punishing the offender when a representative or executive or employee violates the law.

The court explained the reason for the acquittal, saying, “There is no evidence to suggest that the defendants, public institution A and Mr. B, were in charge of administrative work and instructed or neglected to work without safety measures in place.”

He added, “Mr. C, the person in charge of the facility department, is a worker who directly manages and supervises the work, and this should be considered professional negligence for failing to take necessary safety measures.”

Daeryun Law Firm (Lihan), which acted as legal representative for the defendant, said, “A violation of the Occupational Safety and Health Act applies when the business owner or operator orders work without taking safety measures in relation to work with safety risks stipulated by law at the workplace or neglects the work while knowing that work is being carried out without safety measures in place.” He added, “Defendant B, as an administrative officer, was not aware of the specific work of the machine room. The work log was also written in a formal way, and there is evidence showing that he was aware of this.” Accordingly, the Corporation also came to the conclusion that punishment was not possible under the dual punishment rule.”

In addition, he said, “It cannot be said that there was a specific and direct violation of duty of care by defendant C, such as ordering the victim to exclude himself from work due to safety concerns, and an agreement was reached with the bereaved family, so they do not want to be punished.”

Meanwhile, the Act on Punishment for Serious Accidents, etc. stipulates punishment for business owners, management managers, corporations, etc. who cause serious accidents by violating safety precautions under the Occupational Safety and Health Act, and has been implemented for workplaces with less than 50 employees starting this year.

If a serious accident occurs due to non-fulfillment of obligations, the business owner or manager may be subject to imprisonment for more than one year or a fine of up to 1 billion won. Corporations can also be fined up to 5 billion won under the dual penalty rule.

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