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| TITLE | Changwon District Court Decision 2024No2513, dated June 13, 2025: Appeal [full Text] |
|---|---|
| Summary | |
| [Main Issues and Holdings] Defendant Party A is a company that is engaged in the business of shipbuilding and repair. Party A engaged the services of a contractor to conduct repairs of the handrails (safety railings) on the interior of the cargo hold of a container vessel that was inside of a floating drydock at Party A’s shipyard. Defendant Party B, the representative director of the contracting employer that is Party A and so was the chief executive in charge, Defendant Party C who was the shipyard manager and so was the person in charge of safety and health management at the shipyard in question, Defendant Party D who was the director of the Repair Business Team and so was the general manager of all vessel repair tasks, and Defendant Party E who is the person in charge of outfitting in the Repair Business Team, were alleged to have engaged in professional negligence that caused Party F, who was a worker of the contractor who went into the interior of the cargo hold of the above vessel to prepare for the repair work, to fall roughly 8m from the section where safety railings were missing to the floor below, leading to the death of Party F. The Defendants were also alleged to have simultaneously violated their obligation to prevent industrial accidents (obligation to inspect workplace safety) as the contracting party, violated their obligation to take safety measures to prevent industrial accidents, and violated their duty to secure safety and health under the Serious Accidents Punishment Act, resulting a serious industrial accident where worker Party F fell to his death at the repair work site. As such, the Defendants were charged with professional negligence resulting in death, violations of the Occupational Health and Safety Act, and violations of the Serious Accidents Punishment Act (industrial accident resulting in death). In this case, the Defendants were all found guilty. | |
