Feb 10 • 09:51 UTC 🇰🇷 Korea Hankyoreh (KR)

[Editorial] The Court's First Acquittal under the Serious Accident Punishment Act: Will It Turn a Blind Eye to 'Death on the Job'?

The acquittal of chairman Jung Do-won under the Serious Accident Punishment Act raises concerns about corporate accountability in fatal workplace accidents in South Korea.

In a notable legal proceeding, Jung Do-won, chairman of the Samhyo Group, was acquitted of charges related to the Serious Accident Punishment Act in connection with the tragic death of three workers in a quarry collapse in Yangju, Gyeonggi Province in 2022. The court ruled that Jung could not be deemed the person with ultimate managerial responsibility for the company's safety measures, raising alarm over the implications of such a decision. Given that he actively oversaw safety management and had the authority to direct operations, the rationale for the acquittal appears counterproductive to the aims of the Serious Accident Punishment Act.

The ruling, delivered by Judge Lee Young-eun of the Uijeongbu District Court, emphasized that Jung was not a person who fits the description of having overall management authority, a reasoning that many consider perplexing. The prosecution had previously concluded after thorough investigation that Jung was indeed the effective manager who dealt with safety oversight, receiving reports and issuing directives regarding hazardous matters. This judgment seems to provide a de facto immunity to corporate owners from accountability, contradicting the essence of judicial fairness and the statute's intention to prevent severe workplace accidents.

Additionally, while the four site officials guilty of gross negligence were handed suspended sentences, the ruling reflects a troubling pattern where corporate owners escape judicial scrutiny. In the past, it has become routine for courts to penalize on-ground managers while allowing high-ranking executives to evade responsibility by designating nominal figures in management. This persistent issue raises questions about South Korea's fatalistic workplace culture and the efficacy of laws intended to protect worker safety, suggesting that without institutional change, the so-called 'kingdom of industrial accidents' will remain unchanged.

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