Death by fall during work without safety helmet... Prosecutors demand 1-year prison sentence for apartment management company CEO

First Case of Prosecution Under Serious Accidents Punishment Act Targeting Apartment Management Companies

For the first time since the enforcement of the Serious Accidents Punishment Act, the prosecution applied the Act to a 'multi-family housing management company' and its representative, seeking a prison sentence.

Seoul Northern District Court

According to the legal community on the 5th, the Seoul Northern District Prosecutors' Office requested the court to sentence Apartment Manager Bae (63) and Company A's CEO Jeong (62), who were indicted for violating the Serious Accidents Punishment Act, to one year in prison each at a trial held in the Seoul Northern District Court Criminal Division 5 (Presiding Judge Lee Seok-jae) in the afternoon. They also requested a fine of 150 million won for Company A, which was indicted for violating the Industrial Safety and Health Act.

Company A is a subcontracted apartment management company to which worker B, in his 60s, belonged. B died after falling from a ladder while working without wearing a safety helmet. B, who worked as a facilities manager in the mechanical and electrical department of an apartment management office in Dongdaemun-gu, Seoul, died on April 15 last year after falling 1.5 meters from a ladder while repairing a ceiling leak. It is known that B had a pre-existing illness and may have misstepped. However, the Ministry of Employment and Labor's special judicial police, who investigated the case, applied the Serious Accidents Punishment Act's principle that "even workers with pre-existing illnesses must have a safety system in place to prevent accidents" and referred the case to the Seoul Northern District Prosecutors' Office.

The prosecution judged that Company A and CEO Jeong failed to establish a safety and health management system, resulting in the basic safety management rules not being followed, which led to the worker's death. They also found that Manager Bae was negligent for not fulfilling his safety supervision duties despite being responsible for management and oversight. The prosecution stated, "They did not establish any safety and health management system under the Serious Accidents Punishment Act," and requested a prison sentence, asking the court to consider "the failure to properly supervise even the most basic safety measure of wearing safety helmets."

The defense lawyers said, "The defendants feel sorrow over the accident and guilt toward the victim's family," and "They pledge to thoroughly fulfill their duty of care to prevent such safety accidents in the future." They also requested leniency, stating, "The accident occurred during the process of appointing a safety and health officer and establishing a safety and health management system under the Serious Accidents Punishment Act at the relevant workplace."

The sentencing hearing is scheduled for the 12th of next month.

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