The South Korean Supreme Court ruled that a site manager is liable for the death of a foreign worker who fell from scaffolding due to inadequate safety measures and unclear instructions.
In a recent ruling by the South Korean Supreme Court, a site manager was held responsible for the death of a foreign worker who fell from a collapsed scaffolding while working at an apartment construction site in Sejong. The court found that the site manager failed to implement necessary safety measures and did not provide clear instructions to the foreign worker, who struggled with the Korean language. This ruling emphasizes the importance of communication and safety in worksites where non-Korean speakers are employed.
The incident occurred in June 2020 when a 26-year-old Russian worker was dismantling formwork on the roof of a building and fell approximately 30 meters to his death. Prior to the accident, the worker was on a scaffold that was not securely attached, leading to the unintentional fall. Initially, a lower court found the site manager guilty of negligent homicide and violation of industrial safety laws, sentencing him to 10 months in prison, suspended for two years, but an appellate court later acquitted him of some charges, arguing the worker did not follow instructions.
However, the Supreme Court overturned the appellate decision, stating that the site manager could have foreseen the risks associated with the use of the dismantled scaffold and did not take adequate safety precautions despite being aware of the worker’s limited Korean language skills. The ruling serves as a reminder of the critical need for workplace safety and the responsibilities of employers in ensuring that language barriers do not compromise safety protocols.
