Worker dies at construction site... 2 subcontracting representatives also 'collectively condemned'

The representative of a subcontractor who was indicted on charges including manslaughter due to occupational negligence was sentenced to probation in the appeals court.

On the 22nd of last month, the 1st Criminal Division of the Chuncheon District Court dismissed the prosecutor's appeal in the appeal trial against Mr. A, a representative in his 50s, who caused the death of a worker by neglecting safety management and supervision, and upheld the original trial verdict of 1 year and 6 months in prison and 3 years probation.

Previously, Mr. A was indicted on charges of causing the death of Mr. B, a worker in his 60s, by sending him to work without taking safety measures at a construction site in Pyeongchang-gun, Gangwon-do in June 2021.

At that time, Mr. B fell 10 meters while preparing for ceiling painting work.

He was immediately taken to a nearby hospital, but died during treatment.

The prosecution charged Mr. A, the representative of the subcontractor, with manslaughter due to occupational negligence.

According to the current law, when working on a ladder at a construction site, you must wear protective gear and work in a team of two, but they did not follow this and ordered unreasonable work.

Mr. A, who admitted all charges during the trial, paid a criminal deposit for the victim's family.

The first trial court determined that the death occurred because the defendant neglected his duties as a safety manager.

However, he was sentenced to probation considering that Mr. A was a first-time offender who had never been criminally punished and that he had made efforts to recover from the damage.

Mr. A's legal representative, attorney Gil Se-cheol of Daeryun Law Firm (Limited), explained, "In this case, the accident occurred due to the failure to implement safety measures, and professional negligence could not be avoided."

He continued, "Although a suspended sentence was imposed in the first trial, it was a situation where he could have been severely punished due to the prosecution's appeal. We were able to uphold the original trial by citing additional criminal deposits to the bereaved family."

Attorney Gil said, "The expansion of the Serious Accident Punishment Act has strengthened the responsibility of employers. Although this incident occurred before the Serious Accident Act was applied, the application of the law cannot be avoided for future workplace accidents." He added, "If a death occurs, the employer can be imprisoned for more than a year or fined less than 1 billion won, so caution is needed."

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Worker dies at construction site... Subcontractor representative 2nd degree 'collected' (link)