Construction companies that shifted the responsibility and costs of industrial accidents to subcontractors have faced penalties from regulatory authorities. The Fair Trade Commission announced on May 17 that it imposed corrective orders and fines totaling 729 million won (approximately $550,000) against KR Industries, Dasan Construction Engineering, and NC Construction for violations of subcontracting laws.
This action follows an investigation initiated by the Fair Trade Commission in July of last year, focusing on safety-related subcontracting practices in the construction industry. Amid a rise in serious accidents and fatalities on construction sites, the commission scrutinized the practice of main contractors excessively shifting safety management responsibilities onto subcontractors.
According to the Ministry of Employment and Labor, there were 605 reported fatalities due to industrial accidents last year, with 286 of those occurring in the construction sector. Notably, the number of fatalities at small construction sites with contracts valued under 500 million won increased by 25 compared to the previous year. The Fair Trade Commission identified a troubling trend where small subcontractors, often lacking the capacity for adequate safety management, bore the brunt of liability.
The investigation revealed that these companies included clauses in their contracts that placed the full burden of costs and responsibilities related to accidents on the subcontractors. KR Industries, for instance, established terms in 41 subcontracting agreements with 29 subcontractors from July 2018 to May 2026, stating that "the subcontractor assumes all civil and criminal liability in the event of an accident."
Dasan Construction Engineering was found to have imposed 11 unfair clauses, including requiring subcontractors to cover settlement costs for accident victims and allowing deductions from payments for accident-related expenses. Additionally, the company was cited for issuing contracts up to 112 days after the start of construction or providing contracts that omitted payment conditions.
NC Construction also included clauses in its contracts that shifted all responsibilities and costs related to safety incidents to subcontractors. Some contracts failed to mention provisions related to the linkage of subcontractor payments.
As a result, the Fair Trade Commission imposed a fine of 312 million won on Dasan Construction Engineering for the delayed issuance of contracts and the establishment of unfair clauses. KR Industries and NC Construction received fines of 257 million won and 160 million won, respectively. NC Construction was also fined 5 million won for failing to include payment linkage provisions in its contracts.
A Fair Trade Commission official stated, "We expect this to serve as a turning point in preventing main contractors from evading responsibility in transactions with smaller construction firms, which often have weaker safety management capabilities. We will continue to monitor the establishment of unfair clauses that undermine efforts to ensure industrial safety."
* This article has been translated by AI.
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