I am considering receiving Serious Accidents Punishment Act consulting. What kind of help can I receive?

Hello. This is an attorney specializing in serious accidents at Daeryun Law LLC.

Serious Accidents Punishment Act consulting does not stop at merely explaining the provisions of the law; it is prevention-focused legal consulting aimed at actually reducing a company's risk of criminal punishment.

The Serious Accidents Punishment Act is a law that imposes criminal liability, where serious harm to human life occurs to a worker or a third party, not only on the on-site supervisor who directly caused the accident but also on the management official responsible (the CEO or de facto decision-maker).

Serious accidents are divided into serious industrial accidents (such as one or more worker deaths, or two or more injured persons requiring six months or more of treatment from the same accident) and serious civil accidents (where serious harm occurs to ordinary citizens through a workplace, facility, product, and the like).

If a violation of the Serious Accidents Punishment Act is established, disadvantages arise for the CEO and the management official responsible, such as imprisonment or a high fine, a fine against the corporation, damage to the company's image due to media coverage, restrictions on public bidding and contract awards, and an increased possibility of civil damages and collective disputes.

In particular, because criminal liability is difficult to avoid no matter how well the aftermath is handled following an accident, the importance of advance consulting is very great.

Serious Accidents Punishment Act consulting is usually conducted within the following scope.

- Organizing the scope of the company's management officials responsible and the liability structure

- Checking whether the safety and health management system conforms to legal standards

- Reviewing the identification of risk factors and management procedures
- Reviewing the legal adequacy of internal regulations, manuals, and reporting systems
- Designing a liability distribution structure and response scenarios in preparation for an accident
- Advising on the direction for managing evidentiary materials with future investigations and trials in mind

The key is to conduct the inspection based on the points that could become problematic during an actual investigation.

Serious Accidents Punishment Act consulting is most effective when received before an accident.

If an accident has already occurred, the focus shifts to criminal response, but if a management system has been established through advance consulting, it becomes an important basis for contesting the criminal liability of the management official responsible.

Because the necessary response and preparation all differ depending on the company's size, industry, and on-site structure, company-tailored Serious Accidents Punishment Act consulting, rather than a formalistic inspection, is necessary.

If you are curious about whether the Serious Accidents Punishment Act applies or about your company's current level of risk, I recommend that you receive an inspection at this stage.