CONTENTS
- 1. Occupational Negligence Causing Death or Injury | Elements of the Offense
- - Occupational Relevance
- - Recognition of Negligence
- - Result of Injury or Death
- 2. Occupational Negligence Causing Death or Injury | Main Types
- - Difference From Negligent Infliction of Injury or Homicide
- 3. Occupational Negligence Causing Death or Injury | Punishment Standards
- - Level of Punishment
- - Sentencing Standards
- 4. Occupational Negligence Causing Death or Injury | If You Are a Suspect
- - Confirming the Facts and Securing Evidence
- - Efforts to Settle With the Victim
- - Responding Faithfully to the Investigation
- - Preparing Factors to Mitigate the Level of Punishment
- 5. Occupational Negligence Causing Death or Injury | If You Are a Victim
- 6. Occupational Negligence Causing Death or Injury | How to Respond
1. Occupational Negligence Causing Death or Injury | Elements of the Offense
Occupational negligence causing death or injury is a crime that is established when a person engaged in a certain occupation, through negligence, injures or causes the death of another person.
Occupational Relevance
For the crime of occupational negligence causing death or injury to be established, the actor must be engaged in an occupation that requires a duty of care to protect the life or physical safety of others.
Here, the term "occupation" means affairs or business carried out continuously on the basis of one's position in social life, and a temporary or simple act is not included.
Recognition of Negligence
In performing the relevant duties, a violation of the duty of care generally required must be recognized.
This includes cases in which the actor could have foreseen and avoided the result through failure to observe safety rules, negligent management, or inattention, but did not do so.
Result of Injury or Death
Negligence must, in fact, result in injury to a person or in causing a person's death.
A causal relationship must exist between the actor's negligence and the resulting outcome, and where no result occurs, the actor cannot be punished for this offense.
2. Occupational Negligence Causing Death or Injury | Main Types
The most common locations where the crime of occupational negligence causing death or injury arises include hospitals, construction sites, and traffic accident sites.
The cases below may all fall under the crime of occupational negligence causing death or injury, and they can occur around us more frequently than expected.
Even when it amounts to no more than a mistake, a person engaged in a certain occupation may be subject to a complaint or report related to occupational negligence causing death or injury, and this can lead to a police investigation.
Type of Accident | Specific Examples and Explanation |
Medical Accident | Death or injury caused by negligence during a medical procedure, such as negligence during surgery or a medication error |
Fall Accident During Work | A fall accident caused by failure to observe safety rules at a construction site or similar location |
Machinery Malfunction Accident | Personal injury caused by a malfunction resulting from negligent maintenance of machinery or equipment |
Traffic Accident | Injury or death caused to another person in a traffic accident resulting from a driver's violation of the duty of safety |
Difference From Negligent Infliction of Injury or Homicide
The crime of negligent infliction of injury or homicide and the crime of occupational negligence causing death or injury are both established when negligence injures or causes the death of another person.
However, the crime of occupational negligence causing death or injury arises where the result occurs through a violation of a duty of care related to one's occupation, and it is characteristically punished more severely.
3. Occupational Negligence Causing Death or Injury | Punishment Standards
For the crime of occupational negligence causing death or injury, criminal liability may arise even where there is no direct connection to the resulting injury or death.
For example, a person under an occupational duty of care to take safety measures may be subject to punishment where that person neglects the duty, or where that person fails to prevent an accident despite being able to foresee it sufficiently.
In this way, the crime of occupational negligence causing death or injury is subject to aggravated punishment depending on the degree of negligence and whether an occupational duty of care was violated, and it is an offense that strictly holds the offender accountable for accident prevention.
Level of Punishment
If a charge of occupational negligence causing death or injury is recognized, the offender is punished under the Criminal Act, and the level of punishment is as follows.
Occupational or gross negligence causing death or injury (Article 268 of the Criminal Act) | Imprisonment without labor for up to 5 years or a fine of up to 20 million won |
Sentencing Standards
▷ Where only minor injury occurred
▷ Mental and physical weakness (not attributable to the person)
▷ No desire for punishment or recovery of the harm
▷ Insurance coverage
▷ Sincere reflection
▷ No prior criminal punishment
4. Occupational Negligence Causing Death or Injury | If You Are a Suspect
If you are implicated in a charge of occupational negligence causing death or injury, securing objective evidence is critical to minimizing or contesting liability for negligence.
Confirming the Facts and Securing Evidence
The work environment and the circumstances of how the duties were performed at the time of the accident should be examined closely.
Work logs, safety management records, CCTV footage, dashcam recordings, witness statements, and similar materials that can establish the circumstances of the accident and whether negligence exists should be secured promptly.
In particular, materials showing whether an occupational duty of care was fulfilled, such as work instruction sheets or safety training completion records, also serve as important evidence.
Efforts to Settle With the Victim
To reach an amicable settlement with the victim, an appropriate settlement amount and consolation payment should be prepared, and the intention to settle should be conveyed at an early date.
Where a settlement is difficult, the intention to recover the harm can be expressed through the deposit with an official depository, so this should be actively considered.
Responding Faithfully to the Investigation
During questioning by an investigative agency, the process of performing one's duties and the implementation of safety measures should be explained in detail, and one's position should be stated clearly.
The circumstances of the occupational negligence and the measures taken should be answered consistently and truthfully, with active cooperation in the investigation, and unnecessary denial or ambiguous answers should be avoided.
Preparing Factors to Mitigate the Level of Punishment
Sentencing materials suited to one's situation, such as the degree of negligence, the scale of the harm, and the status of any settlement with the victim, should be organized systematically.
Whether the occupational safety management manual was observed, records of measures taken before and after the accident, and specific improvement measures to prevent recurrence should also be prepared and used to help reduce the level of punishment.
5. Occupational Negligence Causing Death or Injury | If You Are a Victim
If you are a victim of occupational negligence causing death or injury, or a bereaved family member, it is very important to assess the situation promptly and secure evidence immediately after the accident occurs.
In addition, stating accurate and specific facts to the investigative agency becomes the core of the investigation.
A detailed statement regarding the content of the suspect's violation of the duty of care, the work environment at the time of the accident, and the degree of harm plays an important role in clarifying whether negligence exists and where responsibility lies.
Item | Specific Content and Response Strategy |
Prompt Securing of Evidence | Immediately secure objective materials such as CCTV footage from the accident site, work instruction sheets, safety management records, and photographs |
Securing Objective Medical Records | Collect materials that can prove the injury and the course of treatment, such as medical certificates, treatment records, and hospital visit records |
Detailed Statement of the Harm | State the facts specifically, including the date, place, and circumstances of the accident and the content of the perpetrator's violation of the duty of care |
Proceeding With the Criminal Complaint Procedure | Submit a complaint to the police station or the prosecutors' office, and prepare a specific statement of the facts together with the secured evidence |
Preparing a Civil Claim for Damages | Organize the items of loss, such as medical expenses, consolation money, and lost earnings, and prepare supporting materials such as medical expense receipts and medical certificates |
Assessing and Responding to a Settlement | Where the suspect's side proposes a settlement, decide whether to accept it considering the range of the settlement amount, its sincerity, and future measures to prevent recurrence |
6. Occupational Negligence Causing Death or Injury | How to Respond
The crime of occupational negligence causing death or injury is a serious offense that, through negligence, causes grave harm to the life or body of another person, and criminal punishment is unavoidable.
To obtain a reduction in punishment, it is important to acknowledge the circumstances of one's negligence faithfully from the early investigation stage, and to make active efforts to recover the harm.
In particular, because the sentence may vary considerably depending on the specific content of the violation of the occupational duty of care and the circumstances at the time of the accident, the legal issues of the case should be identified accurately and a systematic response strategy should be established.
The victim should report to an investigative agency promptly immediately after the accident, and thoroughly secure and submit objective evidence such as CCTV footage from the accident site, work logs, and medical certificates, which is advantageous for proving the harm and protecting one's rights.
If you are experiencing difficulty in responding to a case of occupational negligence causing death or injury,🔗a criminal defense legal consultation is available to request assistance.
Daeryun provides tailored legal services.
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