Former Samkang S&C CEO A, who was indicted on charges of failing to carry out on-site management, supervision, and safety measures in a case where a partner company employee fell to death during work at a shipyard, had a prison sentence finalized by the Supreme Court.
According to the legal community on the 26th, the Supreme Court's First Division (presiding Justice Shin Sook-hee) finalized the lower court's sentence of two years in prison and a fine of 2 billion won for A, who was indicted on charges including violation of the Serious Accidents Punishment Act, and dismissed A's appeal. The 2 billion won fine is the largest since the Serious Accidents Punishment Act took effect.
A was indicted by prosecutors in 2023 on charges including violation of the Serious Accidents Punishment Act. In Feb. 2022, at the Samkang S&C shipyard in Goseong County, South Gyeongsang, a partner company employee died in a fall during work, and A is accused of failing to properly fulfill on-site management, supervision, and safety measures.
Both the first and second trials found A guilty and sentenced A to two years in prison and a fine of 2 billion won.
The court of first instance said, "A did not reflect on the wrongdoing even though three workers at the company A runs died in industrial accidents within just one year," and added, "Rather, A testified to the effect that the accident occurred due to the victim's negligence and caused damage to the company."
A appealed the first-instance ruling, citing factual error, misinterpretation of law, and unfair sentencing, but the appellate court dismissed it. The appellate panel said, "Violations of safety and health obligations and the duty of care are recognized, and if education or management and supervision had been properly carried out, this accident could have been prevented, so we dismiss the claims of factual error and misinterpretation of law."
That day, the Supreme Court panel dismissed A's appeal, saying, "There is no error in misunderstanding the legal principles regarding violation of the obligation to secure safety under the crime of violating the Serious Accidents Punishment Act, violation of the obligation to take safety measures under the crime of violating the Industrial Safety and Health Act, and violation of the duty of care in the crime of occupationally negligent homicide, in the lower court's judgment."
Meanwhile, with the Supreme Court's ruling that day, the number of corporations' heads whose prison sentences have been finalized for violating the Serious Accidents Punishment Act has become two, including A. The first case was in Dec. 2023, when Korea Iron & Steel CEO B had a one-year prison term finalized. B was accused of failing to carry out safety measures in a case where, in Mar. 2022 at Korea Iron & Steel's plant in Haman, South Gyeongsang, a worker in his 60s died after his leg was pinned under a 1.2-ton heat shield during work.