Suspended Sentence for Hyundai Construction Official in 'Gwangju Hakdong Disaster'... Subcontractor and Supervisor Sentenced to Prison

Hyunsan fined 20 million won... Subcontractors and sub-subcontractors fined 30 million won

[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] All officials from the primary contractor HDC Hyundai Development Company involved in the Gwangju Hakdong collapse disaster were sentenced to suspended prison terms.

The Criminal Division 11 of the Gwangju District Court (Presiding Judge Park Hyun-soo) held a sentencing hearing at 10 a.m. on the 7th for seven construction officials and three companies (Hyundai Development Company, Hansol Enterprise, Baeksol Enterprise) indicted on charges including professional negligence resulting in death.

The court sentenced Seo Mo (58), the site manager from Hyundai Development Company, to two years in prison with a three-year suspension and a fine of 5 million KRW. Public Works Manager Noh Mo (54) and Safety Manager Kim Mo (58) were each sentenced to one year in prison with a two-year suspension.

Hyundai Development Company was fined 5 million KRW for violating the Industrial Safety and Health Act.

Kang Mo (28), the site manager of Hansol Enterprise, a subcontractor for general building demolition, was sentenced to two years and six months in prison, and Hansol Enterprise was fined 30 million KRW.

Jo Mo (47), CEO of Baeksol Enterprise, a subcontractor, and excavator operator, was sentenced to three years and six months in prison, and Baeksol Enterprise was fined 30 million KRW.

Kim Mo (49), site manager of Dawon ENC, subcontracted for asbestos removal, was sentenced to two years in prison with a three-year suspension.

Cha Mo (60), the supervisor indicted for negligent supervision, was sentenced to one year and six months in prison.

All seven defendants received sentences lighter than the prosecution’s demand (imprisonment from five years to six years and seven months), and three defendants who were sentenced to actual imprisonment were detained in court that day.

In particular, Hyundai Development Company is accused of violating duties of care due to its position as ▲subcontractor under contract ▲construction contractor under the Building Act ▲and supervisor of demolition work, thus bearing professional negligence responsibility for the fatal accident.

However, they denied the charges, arguing that the Building Act does not apply to this case, and that they hold the status of 'contractor' rather than 'construction contractor' under the law, thus having no safety obligation.

The law stipulates that matters related to risk prevention in building demolition are governed by the Industrial Safety and Health Act. Hyundai Development Company argued that Article 63 of the Industrial Safety and Health Act only uses the abstract term 'safety measures,' and since the Ministry of Employment and Labor has not delegated detailed regulations, there are no specific related obligations.

The court rejected Hyundai Development Company’s argument, stating that the party who signs the construction contract with the building owner (in this case, the redevelopment association) is also considered the construction contractor under the Building Act.

The 'safety measures' in Article 63 of the Industrial Safety and Health Act refer to the 'safety measures' in Article 38, Paragraph 4 of the same law, and the Ministry of Employment and Labor has established regulations (Rules on Industrial Safety and Health Standards).

Therefore, there is an obligation to conduct investigations on the structure and site conditions during demolition work, prepare and comply with work plans based on the results, and Hyundai Development Company failed to fulfill these duties.

The court explained the sentencing rationale, stating, "In determining the sentences for each defendant, we considered the degree of duty of care required during the demolition process, the extent to which each contributed to the accident, and the level of decision-making authority exercised."

They were indicted for causing a building collapse accident on June 9 last year in Gwangju Hakdong District 4 (a five-story building with one basement floor), which resulted in 17 city bus passengers passing nearby being casualties (9 dead, 8 injured).

Photo by Yonhap News

On that day, Presiding Judge Park drew attention by unusually citing media reports related to the 2019 Jamwon-dong building collapse accident in court.

He emphasized, "There is a Korean proverb about locking the barn after the horse is lost, but in this case, after losing something even more important?a human life?nothing has been fixed for two years."

He continued, "On the contrary, things have worsened, causing serious casualties. What more must be lost before the barn is fixed?" and expressed, "I felt frustrated while conducting this trial."

Judge Park said, "I wonder if the defendants can understand the heart of the victim’s son who wishes his deceased mother could be born again as his daughter."

He also mentioned, "The Industrial Safety and Health Act and the Building Management Act have established double and triple safety measures to prevent such accidents, but none of these worked in this case."

Finally, he concluded, "This shameful and horrific accident occurred due to selfishness focused solely on profit and a lack of safety awareness. While I want to say that they hope to become teachers, another accident occurred in January this year, making it difficult to even say that."

This content was produced with the assistance of AI translation services.