“Another suspended sentence for main contractor… concerns over the foundations of Serious Accidents Act”, 23 April 2025

In connection with the Busan Serious Accident Case No. 2, in which a subcontracted worker died, the court has handed down prison sentences to two subcontractor personnel. However, once again, the CEO of the main contractor received a suspended sentence. Concerns are now growing that the very intent of the Serious Accidents Punishment Act is being undermined.

[…] November 2022, at a construction site for a new factory in Gijang County, Busan. […] This was recorded as Busan Serious Accident Case No. 2. Two years and five months after the incident, a first-instance verdict has finally been issued. The court sentenced a site manager and a representative of the subcontractor to one year in prison each. […]

The main contractor company was fined 100 million KRW, while its CEO received a sentence of 1 year and 6 months in prison, suspended for 3 years. […] Civil society groups and labour organisations have protested the court’s ruling, claiming it places undue weight on settlements rather than upholding the spirit of the Serious Accidents Punishment Act. […] The first Busan Serious Accident Case — involving the death of a migrant worker during insulation work in a parking tower — showed a similar pattern.

In that case, the main contractor’s CEO was initially sentenced to six months in prison, suspended for one year. On appeal, the court deemed that the law imposes “excessive criminal liability on main contractors,” and referred the Serious Accidents Punishment Act for constitutional review.

Jeong Sang-gyu, Secretary General of Busan Minbyun: “This was not the result of mere personal negligence but of systemic failure in the company’s health and safety management system… The court’s ruling is not justified.”