Worker Falls to Death During Construction Work... Company Representatives Legally Detained for 'Negligence in Safety Measures'
The court held the company representatives legally responsible and ordered their detention for failing to implement proper safety measures at a building construction site, which resulted in a worker's fatal fall.
On the 18th, Judge Shin Heung-ho of the Incheon District Court Criminal Division 6 sentenced A (47), the CEO of a comprehensive real estate development company, to 10 months in prison, and B (60), the CEO of a subcontracted construction company, to 8 months in prison, both on charges of professional negligence causing death and violation of the Industrial Safety and Health Act. Both were indicted without detention but were detained in court.
A and others were charged with causing the death of worker C (65) last January at a building construction site in Ganghwa-gun, Incheon, due to inadequate safety management.
At the time, C fell while climbing scaffolding (temporary structure) to attach stone materials to the exterior wall of the second-floor terrace. He fell onto stones piled on the ground and died the next day from traumatic brain hemorrhage and other injuries.
Investigations revealed that A did not secure the safety platform attached to the scaffolding nor install safety railings. Additionally, B, who subcontracted the stonework from company A, left a gap between the building exterior wall and the scaffolding where the fall accident could occur.
The court stated, "Because the defendants failed to implement proper safety measures, the victim had no choice but to climb scaffolding without any fall-prevention facilities installed. It is difficult to see no causal relationship between the defendants' actions and the victim's death simply because the victim did not use the internal stairs of the building."
Furthermore, the court explained the sentencing rationale: "It is almost fortunate that no accidents occurred before this incident, as the defendants did not properly fulfill their safety obligations. We also considered the victim's family’s petition for severe punishment."
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