Formosa scaffolding collapse: Four defendants sentenced to 12 years in prison

((Baonghean.vn) - On the afternoon of December 21, the People's Court of Ha Tinh province continued the first instance trial and announced the verdict on the case of the scaffolding collapse at the Formosa project construction site (Vung Ang Economic Zone, Ky Anh town, Ha Tinh) that killed 13 people and injured 29 others.

After considering the circumstances and the level of crime of each defendant, the Ha Tinh Provincial People's Court sentenced defendant Kim Jong Wook (43 years old, both Korean nationals) to 3 years and 6 months in prison; Lee Jae Myeong (62 years old, Korean national) to 3 years in prison; Nguyen Anh Tuan (27 years old, residing in Quang Hai commune, Ba Don town, Quang Binh) to 3 years in prison; Nguyen Thai Duc (30 years old, from Ky Trung commune, Ky Anh district, Ha Tinh) to 30 months in prison for violating labor safety regulations.

The case file and the public interrogation at the trial showed that: At about 7:30 p.m. on March 25, 2015, at the caisson casting site of the Formosa project, when the Lane 2 sliding formwork system was in the process of lowering the scaffolding, a loud noise was heard, the scaffolding shook, posing a risk to labor safety. The workers working on the scaffolding were frightened, stopped working, and ran toward both sides of the stairs.

Four defendants heard the verdict

Kim Jong Wook and Lee Jae Myeong went up to the Lane 2 scaffolding to inspect the work but did not find out the cause of the incident that could have led to the scaffolding collapse, but asked the workers to return to work. Lee Jae Myeong told the workers "OK, it's okay, it's okay" (in Vietnamese), asking the workers to return to work.

At this time, Tuan and Duc checked and discovered that hydraulic jacks No. 22 and 24 had dropped about 5 - 6 cm, hydraulic jacks No. 15 and 16 had dropped about 15 cm compared to the other hydraulic jacks. However, Tuan and Duc did not report to Kim Jong Wook but arbitrarily raised the hydraulic jacks to the same level as the other hydraulic jacks.

The workers on the Lane 2 platform continued working until about 19:50 when the entire Lane 2 sliding formwork system collapsed to the ground (about 20m above ground level). The consequences left 13 people dead, 29 injured, and the Lane 2 sliding formwork system completely damaged.

The first instance trial panel determined that the defendants’ criminal acts were particularly serious, causing serious consequences and requiring strict punishment for deterrence and prevention. However, the defendants had many circumstances to consider mitigating part of their sentences: all four defendants confessed honestly, repented, and promptly compensated the victims with the company. The victims also asked for a reduction in the sentences for all four defendants. The Korean Embassy in Vietnam has twice sent diplomatic notes requesting the best conditions and leniency in considering the penalties for the defendants.

Relatives of the victims attended the trial.

In civil matters, the total compensation paid to the families of the deceased and the injured workers was more than 14 billion VND. The seriously injured workers and their relatives requested the company to provide additional support. The first instance trial panel noted the agreement for additional support between the families of the victims and the injured workers with Samsung C&T Company and Nibelc Company (which provided workers to Samsung C&T Company).

The Trial Panel requested the investigating agency to continue investigating and handling Bygging Uddemann AB (Sweden), the unit that designed, manufactured, and installed Lane 2 scaffolding for Samsung C&T Company. At the same time, it requested the competent authorities to handle Samsung C&T and Nibelc Company for a number of violations and shortcomings in complying with regulations on labor safety training.

An Khanh