How should I respond to occupational injury by negligence?

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I have a question about whether this is a Medical Service Act violation. My mother was hospitalized at a Seoul hospital and had surgery. But she's been suffering recently from side effects of the surgery. She wasn't given any explanation before the surgery that these side effects could occur. I think this is a Medical Service Act violation where the doctor violated their duty to explain — is that right? If so, I want to proceed with a damages lawsuit or something.

occupational injury by negligence

industrial accident report

sentence for injury by negligence

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作者: 고병준

You inquired about occupational injury by negligence. First, I hope the employee's health is okay, and I imagine the business owner must have been quite shocked as well.

Occupational injury by negligence is established when a person is injured due to serious negligence in business.

Under the Criminal Act, you may face up to 5 years of imprisonment without labor or a fine of up to 20 million won.

In addition, if you are a safety and health management officer, the Occupational Safety and Health Act may apply.

If an accident occurs due to inadequate safety measures, you may face up to 5 years of imprisonment or a fine of up to 50 million won.

For occupational injury by negligence, it is important to judge the sentencing criteria and establish a response strategy based on this.

To explain the typical sentencing criteria, it would be good to emphasize that the machinery or site where the accident occurred has now been corrected, and that you are enrolled in industrial accident compensation insurance.

Although I do not know the extent of the actual damage to the worker, it is important to respond considering how much the damage has been recovered and the degree of injury.

However, since such sentencing criteria can be difficult to judge alone, we recommend that you receive police and Ministry of Employment and Labor investigations with the assistance of a serious disaster attorney.