Former Incheon Port Authority President Detained Over 'Lock Gate Death Accident' Found Not Guilty on Appeal
IPA Corporation also acquitted... "Not in a position to oversee the entire construction"
Former Incheon Port Authority (IPA) President Choi Jun-wook (56), who was sentenced to prison in the first trial for failing to properly manage safety in connection with a worker's fatal fall accident at the Incheon Port lock gate three years ago, was acquitted in the appellate court.
The 3rd Criminal Appeals Division of the Incheon District Court (Presiding Judge Won Yong-il) overturned the original sentence of one year and six months imprisonment and acquitted former President Choi, who was charged with violating the Industrial Safety and Health Act, at the appellate sentencing hearing held on the 22nd.
Additionally, the IPA corporation, which was also charged with the same offense and fined 100 million won in the first trial, was acquitted. A site manager A (51), who was sentenced to one year in prison in the first trial for the lock gate repair construction, had his sentence reduced to one year in prison with a two-year probation in the appellate court.
Former President Choi was brought to trial on charges of failing to properly manage safety during repair work at the Incheon Port lock gate in Jung-gu, Incheon, on June 3, 2020. At around 8:18 a.m. that day, a worker (46 years old at the time of death) working on repair construction on top of the Incheon Port lock gate fell 18 meters to the ground below and died.
The appellate court stated, "The defendants were not in a position to oversee the construction work but were considered the client," and "there is no recognition of intentional violation of the Industrial Safety and Health Act." Regarding A, the court explained, "It is difficult to hold the defendant fully responsible, and since there is no prior criminal record, the original sentence is heavy."
Choi Jun-wook, Former President of Incheon Port Authority [Photo by Yonhap News]
View original imageEarlier, the first trial court judged that former President Choi was in a position to comprehensively manage the lock gate repair construction where the accident occurred, thus qualifying as the business owner and contractor under the Industrial Safety and Health Act. The court sentenced him to imprisonment, stating, "Strict responsibility must be imposed on public institutions that mainly subcontract construction work as business owners to ensure a judicial system that properly guarantees the fundamental rights of the people."
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However, former President Choi denied the charges, stating, "IPA does not comprehensively manage the construction and is only the client of the construction work, and therefore has no obligation to take safety measures under the Industrial Safety and Health Act," and "Even if IPA is considered the contractor, it did not violate safety obligations and had no intent." Under current law, the obligation to take safety and health measures for workers is not imposed on the client.
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