Looking at the judgment of the late Lee Seon-ho, the court gave the original court ‘indulgence’

▲ Lee Jae-hoon (third from left), the father of the late Lee Seon-ho, who died in a container at Pyeongtaek Port in April last year, and the task force committee make their position in front of the Suwon District Court Pyeongtaek Branch right after the first trial was sentenced to those in charge of subcontractors and subcontractors on the afternoon of the 13th. .

The court’s first judgment on the subcontractors involved in the accident of the late Lee Seon-ho, who was hit by a container at Pyeongtaek Port, was ‘suspension of imprisonment’. The bereaved family and the late Lee Seon-ho’s Industrial Accident and Death Accident Response Committee urged the prosecution to appeal, saying that both the prosecution’s request and sentence were weak.

Dongbang Pyeongtaek branch manager is accused of only ‘one line’
Considering ‘container defect and defendant’s reflection’

On the 20th, obtained and confirmed the judgment sentenced by the first trial court on the 13th for Lee Seon-ho responsible for the accident. However, since the accident occurred before the Act on Punishment of Serious Accidents, etc. (Act on Punishment of Serious Accidents) came into force, it was decided that the laws at the time of the accident should be followed. Article 1, Paragraph 1 of the Criminal Act states that the establishment and punishment of a crime shall be in accordance with the law at the time of the act.

He added, “We decide the sentence by taking into account the sentencing in similar cases of the same kind.” Person A, the head of the Pyeongtaek branch of ‘Dongbang,’ the original agency, was sentenced to one year in prison and two years of probation. The Dongbang team leader and deputy who were indicted together were sentenced to May and June in prison.

The subcontractor and forklift driver who had commanded the scene at the time of the accident were sentenced to imprisonment in April and August, respectively. Their sentences were all suspended for two years. A fine of 20 million won was imposed on the Eastern corporation, which was handed over to trial due to the penalty provisions.

Lee Seon-ho died on April 22, last year, when he fell down on a wall while removing a tree for fixing cargo from a ‘FR (Flat Rack) container’ in Pyeongtaek Port. The container’s safety pin was missing, and the vibration generated by the collision while the forklift was folding the rear wall caused the front wall to fold and hit Seon Seon.

Afterwards, as a result of investigation by the Ministry of Employment and Labor and the prosecution, it was revealed that the safety accident prevention plan, prior safety training, on-site management and supervision, and safety measures were not properly implemented. Dongbang did not conduct a risk assessment on the FR container work, and did not provide protective equipment such as hard hats, even though it was a dangerous work by handling heavy objects. It was found that no signal man was assigned to the forklift operation, and a work plan for handling heavy objects was not prepared. The Dongbang team leader also admitted that he rushed the work plan and approved it all at once during the trial.

The court acknowledged all these facts, but significantly reduced the sentence. As for the subcontractor, it was specifically stated that even though he had no experience in bundling work, he carried out the duty of safety measures by directing the work site according to the instructions of the Dongbang deputy without prior preparation. However, regarding Mr. A, the head of the Dongbang Pyeongtaek branch, he judged in one line, saying, “The degree of violation of safety and health measures as a business owner is rather heavy.”

Still, the fact that the defendants deeply reflected on their wrongdoings and expressed their sincere condolences to the bereaved family and made a commitment to prevent accidents from occurring were taken into account as advantageous sentencing factors. We also considered that there was a defect in the accident container.

The raised sentencing standards do not apply at all
Failure to meet the weighted area minimum standards, both sides appeal

The bereaved family is of the opinion that the sentence of the first trial against the original court is too light. The committee pointed out, “The original government building was exempted from a sentence lighter than a feather. “Even if the Serious Accident Punishment Act was enforced, the prosecution’s request and the court’s sentence would not be much different,” he said.

In particular, he criticized the sentence as far short of the Supreme Court’s upgraded sentencing standards. In July of last year, the Supreme Court significantly increased the aggravated area from ‘October to 3 years and 6 months in prison’ to ‘2 years to 5 years in prison’ in the case of a worker’s death due to a violation of safety and health measures in relation to the sentencing standards for occupational safety and health crimes. have. In addition, if the crime falls under a special aggravated area, it is recommended to be sentenced to up to 7 years in prison.

The trial against Lee Seon-ho, who was responsible for the accident, began in July of last year, and the new sentencing standards could be applied. However, these criteria were not reflected in the principal director. Director Dongbang Pyeongtaek, who is in charge of safety and health management, was sentenced to one year in prison and two years of probation, and the team leader, who was a supervisor, was sentenced to five years in prison and two years of probation, respectively. This means that it did not meet the minimum standard for the weighted area sentencing.

Attorney Kwon Young-guk (Haewoo Law Firm), who represented the bereaved family, said, “The sentence in the first trial not only does not meet the aggravated sentence recommended by the Supreme Court’s sentencing committee, but also less than half of the prosecution’s request. It cannot but be an extremely light punishment to raise awareness for the “The degree of illegality and responsibility of the company and the management is inevitably heavy in that Lee Seon-ho’s death was not an accident by accident, but a structural and inevitable result of the lack of safety management by Dongbang and the management.”

On the 18th, the bereaved family submitted an opinion requesting appeal to the Pyeongtaek branch of the Suwon District Prosecutors’ Office, requesting that the sentencing be unfairly appealed. The prosecution appealed the next day. The defendant’s attorney also filed an appeal with the court on the 20th.

Reference-www.labortoday.co.kr

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