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| ▲ The CEO of Onyou Partners leaves the local branch of the Uijeongbu District Court in Goyang, just northwest of Seoul, on April 6, 2023. (Yonhap) |
(LEAD) court-industrial accident
(LEAD) CEO gets suspended jail sentence in 1st ruling on violation of new industrial accidents act
(ATTN: ADDS responses from two sides and labor groups in para 8-9, 13-17; REPLACES photo)
GOYANG, South Korea, April 6 (Yonhap) -- A construction company CEO received a suspended jail sentence Thursday in the first-ever court ruling on the violation of a new act on industrial accidents.
A court in Goyang, just northwest of Seoul, sentenced the CEO of Onyou Partners to 1 1/2 years in prison, suspended for three years.
The court also imposed fines of 30 million won ($22,750) on the company and 5 million won on the site manager.
They were indicted after a subcontracted worker fell to his death at the company's construction site in the city in May 2022.
They were accused of violating the Serious Accidents Punishment Act by failing to take the necessary safety measures.
"The company's failure to adhere to safety and health regulations led to the worker's death," the court said.
The court noted that the company made a sincere apology and paid compensation to the bereaved family and that the family did not want punishment for the company.
The prosecution had requested a two-year prison sentence for the CEO, a fine of 150 million won for the company and an eight-month prison term for the site manager.
The defendants said they will accept the judgment while prosecutors said they would decide later whether to appeal.
This is the first ruling on the breach of the law, which took effect on Jan. 27, 2022, to penalize the owners and management of companies with 50 or more workers for failing to fulfill their duties to prevent serious accidents.
In the construction sector, the law applies to projects worth 5 billion won or more and carries penalties of at least one year in prison or up to 1 billion won in fines.
Since the law's implementation, the prosecution has indicted companies and CEOs in 14 cases.
Labor umbrella organizations criticized the ruling as being too lenient.
"We are outraged that the court has only handed down a sentence of 1 1/2 years in prison, suspended for three years," the Korean Confederation of Trade Unions said.
"The fact that the first sentence was delivered one year and two months after the law came into effect makes the Serious Accidents Punishment Act a paper tiger."
The Federation of Korean Trade Unions also expressed regret.
"Though the Serious Accidents Punishment Act was applied, the sentence handed down is not significantly different from those imposed in cases of worker deaths resulting from violations of the current Occupational Safety and Health Act," the group said.
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