What kind of punishment will HDC Hyundai Development Company, the contractor that caused the collapse of the outer wall of an apartment building in Hwajeong-dong, Gwangju, be punished? As a major disaster occurred again just seven months after the collapse of the demolished building in Hak-dong, Gwangju in June of last year, there is a consensus in the legal community that the level of punishment for Hyundai Industrial Development, the principal contractor, should be raised.
As the situation of shortened construction period, poor concrete, and expedient subcontracting is revealed one after another, the prospect is strong that it will be difficult to avoid legal responsibility. If faulty construction is revealed in the future investigation, it is expected that charges such as violation of the Industrial Safety and Health Act, violation of the Framework Act on the Construction Industry, and negligent manslaughter will be applied to Hyundai Industrial Development. On the 12th, one day after the accident, the Gwangju Regional Employment and Labor Administration booked the site manager of Hyundai Industrial Development and the site manager of a concrete frame company on charges of violating the Industrial Safety and Health Act.
Issue ① Subcontracting all victims of the accident, watch out for violations of safety measures
The six workers who were buried in the building in an accident that occurred on the 11th were all subcontractors, including those in charge of window construction and facilities. One of them was found dead on the first basement floor on the 14th. In this regard, an official from the Ministry of Labor said, “We will thoroughly investigate allegations of violations of the Occupational Safety and Health Act and take strict action.”
If it is revealed that Hyundai Development Company has not taken all necessary measures to prevent accidents for subcontractors, it will be difficult to avoid the application of the Occupational Safety and Health Act, which stipulates ‘safety and health measures for contractors’. According to Article 63 of the Occupational Safety and Health Act, a contractor (Hyundai Industrial Development) must take necessary safety and health measures to prevent industrial accidents when a contractor (subcontractor) worker works at the contractor’s workplace. Article 64 of the same Act stipulates that workplace safety and health should be inspected.
If the principal agency fails to fulfill these obligations and causes the death of a worker, under Article 167 of the same Act, he or she shall be punished by imprisonment for not more than 7 years or by a fine of not more than 100 million won. Since one person died in an apartment in Hwajeong-dong, Gwangju, the person in charge of safety at Hyundai Industrial Development is highly likely to be subject to this regulation. Lawyer Park Da-hye (KCTU Court) said, “The full revision of the Industrial Safety and Health Act, which came into effect on January 17, 2020, explicitly stipulates the contractor’s responsibility in the event of a worker’s death. You also need to check whether you have violated the law. It is possible to punish not only the person responsible for the safety of Hyundai Industrial Development, but also the superiors under the current law.”
On the 11th, Mr. A, the head of the Hyundai Industrial Development site, was additionally charged with violating the Occupational Safety and Health Act in relation to last year’s ‘Hakdong Collapse Accident’. The prosecution found that Mr. A had neglected the safety inspection of the workplace, such as not writing a work plan and not installing a railing in a place where there was a risk of falling.
Reference-www.labortoday.co.kr