I want to avoid at least a custodial sentence for the charge of violating the Occupational Safety and Health Act..

Hello. This is an attorney specializing in occupational safety at Daeryun Law LLC.

In a case involving a violation of the Occupational Safety and Health Act, the mere fact that a fatal accident occurred does not mean that a custodial sentence is immediately imposed.

For a violation of the safety measure obligation under the Occupational Safety and Health Act to lead to criminal punishment, the mere fact that a risk factor existed is insufficient; it must be recognized that the business owner directed work without taking safety measures, or that the owner neglected the situation despite being aware that the safety measures were inadequate.

In other words, not only the outcome of the accident but also the business owner's awareness, the scope of management, and the specific work situation at the site are assessed together.

As in your situation, the fact that the structure in question was not equipment used on a permanent basis but merely a temporarily installed facility, and that the work was carried out over a short period, can be an important sentencing factor.

In addition, whether a safety management system had been operated at the site in daily operations, whether safety training or precautionary measures were carried out before the accident, and whether, after the accident, the owner took immediate measures and showed reflection without evading responsibility are also factors the court considers comprehensively.

In practice, in cases involving a violation of the Occupational Safety and Health Act, the following factors serve as the key criteria that determine the level of punishment.

① Whether the cause of the accident was the business owner's direct instruction or neglect
② Whether it was a structural, permanent risk, or an exceptional accident that occurred in a temporary situation
③ To what extent the business owner had exercised management and supervision to prevent accidents
④ Whether there were efforts toward recovery of the harm and sincere reflection

Therefore, the most important thing at this stage is not to defend merely on the premise of the outcome that “a fatal accident occurred,” but rather a strategic response that proves, with specific facts, that the violation of the safety measure obligation does not amount to the business owner's intent or neglect, and that distinguishes the circumstances of the accident from the scope of liability.

Through this, there are quite a few cases in which the level of punishment was lowered to a fine or a suspended sentence rather than a custodial sentence.

In cases involving a violation of the Occupational Safety and Health Act, the outcome can vary greatly depending on the initial response and the construction of the legal arguments.

In particular, since this is a matter that can be connected not only to the business owner's personal criminal liability but also to future site operations, administrative dispositions, and additional civil liability, it is very important to organize your response direction with the assistance of an attorney specializing in occupational safety who has handled many occupational safety cases, from the early stage of the investigation.

Please be sure to remember that, rather than being consumed only by the possibility of a custodial sentence, accurately organizing the legally contestable issues and sentencing factors to draw out leniency is the realistic direction of response.