I have a question regarding the Enforcement Decree of the Serious Accidents Punishment Act.

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Our company had a patent, but I belatedly discovered that a competitor is producing products that infringe our patent. I want to respond firmly through a patent lawsuit, but I don't know exactly what types and procedures there are. How do I proceed with a patent lawsuit?

serious accidents punishment act

enforcement decree of the serious accidents punishment act

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作者: 고병준

Hello, the Enforcement Decree of the Serious Accidents Punishment Act imposes safety and health obligations on business owners or chief management officers, and violations leading to serious industrial accidents may result in criminal punishment.

Under the Enforcement Decree of the Serious Accidents Punishment Act, business owners must perform the following: identifying and improving hazardous risk factors, establishing and implementing a safety and health management system, securing the manpower, budget, and organization necessary for accident prevention, and listening to workers' opinions and taking necessary measures.

Whether such measures were faithfully implemented in advance has a major impact on whether punishment is imposed and at what severity when an accident occurs.

For workplaces with fewer than 50 employees, the Serious Accidents Punishment Act has been fully applied without any deferment since January 2024, so your workplace is also subject to the law.

Business owners are not unconditionally punished merely because a serious industrial accident occurred.

If business owners and chief management officers have fulfilled their obligations to ensure safety and health, such as establishing a safety and health management system, to prevent serious industrial accidents, they will not be punished even if an accident occurs.

We recommend that you build a safety system through consulting with an attorney who has legal knowledge regarding the Enforcement Decree of the Serious Accidents Punishment Act.