A Chinese-Korean construction worker who suffered a severe brain injury and paralysis after being struck by a falling pipe at a building site has won a lawsuit against the subcontractor. (Image courtesy of Yonhap)
INCHEON, South Korea, Feb. 28 (Korea Bizwire) — A Chinese-Korean construction worker who suffered a severe brain injury and paralysis after being struck by a falling pipe at a building site has won a lawsuit against the subcontractor and general contractor responsible for the project.
On February 27, the Incheon District Court ruled in favor of the plaintiff, a man in his 50s identified as A, awarding him approximately 940 million won in damages. The defendants, Hyundai Engineering and subcontractor B, were found liable for failing to implement adequate safety measures at the worksite.
Court Holds Contractors Accountable
A was injured on April 21, 2017, while assisting in lifting a pipe from the basement to the third floor of a new officetel construction site in Gangseo District, Seoul. The accident occurred when a lifting hook broke, causing the pipe to fall and strike him, resulting in brain damage and paralysis of his lower body.
Hyundai Engineering and subcontractor B argued that the accident was caused by A’s negligence and that the statute of limitations should apply, as the lawsuit was filed three years after the incident. The court rejected both claims, ruling that the primary cause of the accident was the companies’ failure to take proper precautions to prevent falling materials in hazardous areas.
“The general contractor, Hyundai Engineering, neglected to implement necessary safety measures to prevent falling objects at the site, while subcontractor B failed to fulfill its duty to ensure worker safety,” Judge Lee Won-jae stated in the ruling.
Nationality Not a Factor in Compensation
Hyundai Engineering also contended that A, as a Chinese national, should have his compensation calculated based on expected earnings in China rather than South Korea. However, the court dismissed this argument, noting that A had legally resided in South Korea since obtaining an overseas Korean visa in 2010 and had the right to extend his stay barring any major disqualifications.
This ruling underscores the legal responsibilities of contractors in ensuring workplace safety and sets a precedent for migrant workers seeking compensation for on-the-job injuries in South Korea’s construction sector.
M. H. Lee (mhlee@koreabizwire.com)
