🔹 Key Ruling

The Supreme Court held that a construction site manager can be liable for a worker’s death
even without giving a specific instruction for the dangerous task.

The case was sent back (remanded) after overturning part of the appellate court’s acquittal.



—

🔹 What Happened

Incident occurred at an apartment construction site in 2020

A Russian worker:

Was instructed to dismantle concrete formwork on a rooftop

Climbed onto a gang form (temporary platform)


The platform collapsed, and the worker fell to his death



—

🔹 Lower Court Decisions

Trial Court:

Found the site manager guilty

Sentenced: 10 months (suspended)


Appellate Court:

Reduced liability significantly

Imposed only a fine (~5 million KRW)

Ruled:

The manager did not directly cause the accident

Another ব্যক্তি had removed safety bolts independently





—

🔹 Supreme Court’s Reasoning

The Supreme Court took a much stricter view:

The manager:

Could foresee the risk of using the gang form

Knew communication difficulties existed with the foreign worker


Even without a direct order:

Failure to implement adequate safety measures = breach of duty


Key point:

Employers must prevent foreseeable risks, not just avoid giving dangerous instructions




—

🔹 Legal Takeaway

Safety responsibility is proactive, not reactive

Liability can arise when:

A risk is predictable

Preventive measures were not taken


Direct orders are not required for criminal liability



—

🧠 Bottom Line

In the courtroom, “I didn’t tell him to do it” isn’t a shield.
If danger is visible on the horizon, the law expects you to build the guardrails before someone falls.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=218020