Worker who died after getting caught in the wheel of a toy car… Company representative found not guilty of ‘Multiple Marriage Act’

Field safety managers were sentenced to probation in connection with an accident in which a worker in his 30s at an air cargo handling company died after being caught in the wheel while repairing a towing tractor (towing vehicle).

However, the court found the company representative not guilty on charges of violating the Act on Punishment of Serious Accidents, etc. (Serious Accident Punishment Act).

Judge Song Jong-hwan of Criminal Division 5 of the Incheon District Court announced on the 8th that he sentenced A (65), a safety and health management manager at an air cargo handling company, who was indicted on charges of violating the Occupational Safety and Health Act, to six months in prison and one year of probation.

In addition, Mr. B (69), a work supervisor, who was indicted on charges of professional negligence causing death, was sentenced to six months in prison and one year of probation.

The court held the corporation responsible for violating the Occupational Safety and Health Act and sentenced it to a fine of 50 million won, but acquitted the company's CEO C (59), who was brought to trial on charges of industrial accident death under the Serious Accident Punishment Act, and the corporation on the charge.

They were indicted on charges of causing the death of worker D (37 years old at the time of death) by failing to properly take safety measures while repairing a towing tractor at a company maintenance shop in Jung-gu, Incheon, at around 5 p.m. on April 26, 2022.

At the time, repairs to the air conditioner in the driver's seat of the tractor and checking for oil leaks to the rear wheels were being carried out at the site. This tractor was a machine whose wheels automatically returned to their original positions when the engine was turned off.

As a result, when Mr. B, who was in the driver's seat, turned off the engine, the rear wheel, which had been twisted to the right, was aligned to its original position, and Mr. D, who was working with his head between the wheel and the body of the car, was caught and died at the scene.

The court explained, “It can be said that Mr. A neglected the incident even though he knew that there was no leader controlling the work at the site,” and that “Mr. B should have confirmed the location of the victim or announced that he was turning off the engine, but he did not do this at all.”

However, CEO C was found not guilty on charges of violating the Serious Accident Punishment Act.

The court explained, “It appears that the company faithfully fulfilled its obligation to identify risk factors by directly discovering expected risk factors in the field and preparing procedures to enact safety rules,” adding, “The rules also included a prohibition on inspection between the wheels of a towing tractor with the ignition on and the body of the car.”

He then explained the reason for the acquittal, saying, “It is close to a problem where the field management line, such as the safety and health management manager, failed to specifically enforce the already existing system.”