‘2.5 floors’ with many dead… The cost of customary ‘illegal expansion’ seen in the Daejeon disaster

On the 20th, a fire occurred at an automobile factory in Daedeok-gu, Daejeon, killing 14 employees. As nine deaths were discovered concentrated in a 2.5-story duplex space that was not on the drawings, suspicions of arbitrary structural changes or illegal expansion are being cited as one of the main causes of increased casualties.

The legal community predicts that this disaster will lead to a battle over legal responsibility for the employer's neglect of its safety management obligations, depending on the results of the future investigation.

In relation to this, Kim Hyeong-jin, a lawyer at Daeryun Construction and Real Estate Group at Law Firm, pointed out, “If the suspicion of illegal expansion is confirmed to be true and a significant causal relationship with the expansion of human casualties, such as the structure in question impeding evacuation in the event of a fire, is recognized, it will be a key basis for holding the management responsible for heavy responsibility under the Serious Accident Punishment Act.” He added, “The fact that a space not in the drawings was operated itself can be an indicator that the safety and health management system was not properly established and implemented.”

The following is a Q&A with Attorney Kim.

-If large-scale casualties occur, such as the Daejeon fire, and violations of the law, such as negligence in safety management, are detected, what is the most critical legal provision for business owners?

▲If a violation of the obligation to ensure safety and health is confirmed as a result of the investigation, the strongest punishment is Article 6 (Penalty Provisions) of the Serious Accident Punishment Act. According to this provision, if one or more deaths occur due to a violation of the obligation to ensure safety and health specified in Article 4, the business owner or manager is subject to a fixed-term prison sentence of more than one year or a fine of not more than 1 billion won. In this case, it seems difficult to avoid a prison sentence as the number of deaths reaches 14, and the corporation can also be fined up to 5 billion won under Article 7.

-It is still under investigation, but if it is confirmed that a 2.5-story space that was not in the drawings was created arbitrarily, what provisions of the building law could be problematic?

▲It is a violation of Article 11 (Building Permit) and Article 108 (Penalty Provisions) of the Building Act. Extensions that increase the floor area of ​​a building must obtain permission from the local government. Anyone who violates this rule and builds a duplex arbitrarily will be subject to imprisonment for up to 3 years or a fine of up to 500 million won. In particular, as in this case, immediately after a large number of casualties occur, the court will proceed separately from the administrative corrective order and the investigative agency will also proceed with the judgment on criminal liability.

-Even if the illegal expansion was not the cause of the fire, can the company be held responsible for the spread of damage due to ‘duty-related negligence’?

▲That’s right. Article 268 of the Criminal Act (Occupational Negligence Manslaughter) stipulates that a person who causes death due to professional negligence shall be punished by imprisonment for up to 5 years or by a fine not exceeding 20 million won. If it turns out to be true that the windows on the floor suspected of being illegal were narrow and the external passage was limited, this becomes a key element in proving the causal relationship between the negligence of the business owner and the death. In other words, if the structure in question was legal and employees were able to evacuate, there is a higher possibility that liability for work-related manslaughter will be recognized.

-How are violations related to firefighting facilities, such as oil vapor and sandwich panel structures within the factory, handled?

▲We will consider whether or not there is a violation of the Fire Prevention Act (Act on Fire Prevention and Safety Management). Due to the nature of the process, even though there are many combustible materials, if firefighting facilities such as sprinklers are not properly maintained and managed, you are subject to severe punishment. In particular, since there is a high possibility that spaces suspected of illegal expansion are not equipped with legal firefighting facilities, this may lead to separate criminal punishment following a special investigation by the National Fire Agency.

-What are the legal guidelines that management currently operating an old factory or shopping mall should review using this disaster as a lesson for them?

▲It is late after an accident occurs. First of all, risk factors such as fire risk processes must be blocked in advance through risk assessment, etc., and a thorough investigation must be conducted to determine whether the floor plan on the building register matches the actual space in use. If there is a duplex or temporary building that is not on the drawings, it must be demolished immediately or consult a legal expert to determine whether it was a legal procedure. In addition, the only way to minimize legal risks is to check whether firefighting facilities are being obscured by illegal structures and causing ‘visual and functional impairment.’

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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The ‘2.5th floor’ filled with dead people... The cost of customary ‘illegal expansion’ in the light of the Daejeon disaster (link)