Another Search and Seizure a Year After Fatal Fall... Legal Risks Hit GS E&C
"To Prove Allegations of Violating the Serious Accidents Punishment Act"
GS E&C was recently subjected to a search and seizure of its headquarters by the Ministry of Employment and Labor and police in connection with the death of a construction-site worker last year. The move has been described as unusual, as authorities launched a forced investigation targeting the headquarters more than a year after the accident. Attention is focused on whether charges will be brought.
According to reporting by The Asia Business Daily on November 4, the Ministry of Employment and Labor and police recently searched and seized materials at GS E&C's headquarters in Grand Seoul, Jongno-gu, Seoul. An official from the ministry said, "We conducted the search and seizure jointly with the police to prove the allegations of violating the Serious Accidents Punishment Act."
The investigation concerns a fatal fall at the Cheonggye Riverview Xi construction site in Yongdap-dong, Seongdong-gu, Seoul, in September last year. At the time, a subcontractor's worker in his 50s, identified as Mr. A, fell from the height of the 15th floor of an apartment building while dismantling large formwork and died.
People in the construction industry said the timing of the search and seizure at the headquarters was somewhat unusual. Although authorities had already conducted a forced investigation of the site office and other locations last year, shortly after the accident, they directly searched the company's headquarters more than a year later. Cheonggye Riverview Xi is scheduled to welcome residents in February next year.
The possibilities have narrowed to a few. After conducting the investigation for about a year, authorities may have identified evidence they had not previously obtained, or uncovered additional clues through tips implicating headquarters executives, including the chief safety officer. Given the time that has passed, the court would have had to scrutinize the requirements for issuing a warrant more carefully. The fact that a forced investigation was carried out suggests that there was something additional to examine. If so, the possibility that executives at GS E&C, the principal contractor, will be indicted may have increased. GS E&C President Kim Taejin oversees safety as chief safety strategy officer (CSSO).
However, the search and seizure may also have been prompted by limited progress in the investigation to date, or by the Public Prosecution Office requesting further investigation after receiving the case records.
With investigative and prosecution duties previously handled by prosecutors now separated, and the division of responsibilities still unclear, the repercussions could be significant if executives are brought to trial on charges of violating the Serious Accidents Punishment Act over an accident at a site where GS E&C was the principal contractor. At the time of last year's accident that prompted this forced investigation, CEO Yoon Hong Huh apologized to the public and promised measures to prevent a recurrence.
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GS E&C made no particular comment regarding the search and seizure.
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