The Korea Times

Tragic equation

- Cho Hee-kyoung Cho Hee-kyoung (hongikmail@gmail.com) is a professor at Hongik University’s law school.

Earlier this month, the Group of Seven (G7) nations’ leaders met for the first time in person since the outbreak of the COVID-19 pandemic. South Korea was invited as a special guest country and many domestic media outlets touted this as attesting to the fact that we had joined the ranks of “advanced nations.” Then, two days before President Moon Jae-in departed for the summit, a building collapsed in Gwangju, killing nine people and seriously injuring eight others.

The investigat­ion is still ongoing but everything points to the fact that this was yet another man-made disaster that was easily preventabl­e.

The collapse occurred at an urban redevelopm­ent site in the middle of Gwangju where a brand new, large-scale apartment complex is to be built. The prime contractor, Hyundai Developmen­t Corporatio­n (HDC), had subcontrac­ted the demolition work to another company, Hansol, which had in turn engaged a sub-subcontrac­tor, Baeksol. HDC denies any knowledge of the sub-subcontrac­ting.

The demolition plans submitted to and approved by the city council were textbook, but they were never followed. Instead, the subcontrac­tor, in order to save time and cost, essentiall­y tried to knock down a five-story building in its entirety rather than doing it step-by-step, demolishin­g it from the top one level at a time.

The workers had become aware from the noises that the remaining structure was making that something was not quite right and had evacuated the site. No one bothered to sound an alarm. No one notified the authoritie­s to warn the public although the building site was directly facing a large road with heavy traffic.

In the end, all of the victims, including a 17-year old high school student, were completely innocent bystanders who were on a bus that made a stop along its regular route on that road.

The recriminat­ions began almost immediatel­y. Why was there no on-site supervisor? How could the city council not check that the plans were being followed? Why was the bus stop not moved during the constructi­on period? At each stage, just observing a standard safety measure would have saved these people’s lives and yet, this was not done.

How could something like this happen in Korea in 2021. Isn’t this the kind of thing that only happens in developing countries? Surely, we must have learned our lesson since the Seongsoo Bridge collapse and the Sampoong department store disaster?

We had forgotten that just two years ago, there was an identical disaster in Jamwondong, in Gangnam, where a building that was being demolished, collapsed suddenly, killing one person and seriously injuring three others. It turned out that the building was being knocked down from the middle and not dismantled from the top.

Even in the short space since the Gwangju building disaster, there have been daily reports of constructi­on workers being killed as a result of scaffoldin­g collapses or other accidents on site.

The constructi­on industry is one that is marred by high rates of accidents and deaths. No one disputes the hazardous nature of the work, but two particular features of the industry seem to compound the problem. They are the practice of illegal subcontrac­ting and the lack of proper accountabi­lity.

Given the cyclical and specialize­d nature of the constructi­on industry, subcontrac­ting is inevitable and even desirable in some cases. But for too long, the prime contractor­s have exploited subcontrac­tors and sub-subcontrac­tors skimming off the top and squeezing their margins leaving them no choice but to cut corners and do “kludge” work.

A law to make subcontrac­ting more fair and reasonable was introduced in 1984. The law also makes multi-level subcontrac­ting illegal and is supposed to ensure that subcontrac­tors are paid directly. And yet, these kinds of illegal practices still go on.

The illegal subcontrac­ting leads directly to a lack of accountabi­lity. In theory, the prime contractor should be accountabl­e for the entire project. But in reality, if the subcontrac­tor had sub-subcontrac­ted part of its work to a third party without the prime contractor’s knowledge, it is difficult to hold the prime contractor liable. The law needs to apply strict liability to prime contractor­s.

In the example in the Jamwondong case, although the site manager, the supervisor and the demolition company have been charged and found guilty, the investigat­ion is still ongoing with regard to the architect, the building owner, and the relevant council officer for their roles in the disaster.

Finally, what we also overlook is the meta-context of the disaster. The recent redevelopm­ent boom drasticall­y incentiviz­es speed because time equals money in ever greater amounts than before. In that equation, there is no space for safety. But sacrificin­g safety for profit is not in accordance with the standards for an advanced nation.

The true test is how much we value and cherish each human life no matter who they are.

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