CONTENTS
- 1. A Manufacturer That Requested Legal Advisory From the Jeju Law Firm
- 2. The Serious Accidents Punishment Act, as Explained by the Jeju Law Firm
- 3. Jeju Law Firm Provides Tailored Consulting on Serious Accident Prevention
- 4. Jeju Law Firm Provides a Comprehensive Solution for the Serious Accidents Punishment Act
1. A Manufacturer That Requested Legal Advisory From the Jeju Law Firm
The representative of the manufacturer who came to the Jeju law firm requested legal advisory on serious accident punishment from Daeryun's industrial accident attorney.
At the manufacturer that requested the legal advisory, an incident recently occurred in which a worker operating a machine was caught in it and died.
According to the accident investigation by the Korea Occupational Safety and Health Agency, it was found that the installation and maintenance of the machine's safety devices had not been properly carried out, and that sufficient training had not been provided to the workers.
Taking this accident as an occasion, the representative of the manufacturer requested consulting on the Serious Accidents Punishment Act from the industrial accident attorney of Daeryun's Jeju law firm in order to identify the company's current weaknesses in safety management and its ability to respond to a serious accident, and to establish a safe working environment.
2. The Serious Accidents Punishment Act, as Explained by the Jeju Law Firm
■ The Serious Accidents Punishment Act, as Explained by the Jeju Law Firm
What Is the Serious Accidents Punishment Act?
The Serious Accidents Punishment Act is a law that imposes duties on business managers so that workers of all types employed at a workplace can work safely.
As the Serious Accidents Punishment Act has recently been extended to workplaces with fewer than 50 full-time workers, preparation for it has become even more important.
The Serious Accidents Punishment Act imposes on business owners and business managers the duty to secure safety and health, including the establishment of a safety and health management system, and it prescribes severe punishment when a serious accident is caused by a violation of this duty.
Punishment of Business Owners and Business Managers for a Serious Industrial Accident
■ Punishment of Business Owners and Business Managers for a Serious Industrial Accident
Where There Is One Fatality
⊙ Individual business manager or business owner
A fine not exceeding 1 billion won or imprisonment for at least one year
⊙ Institution or corporation
In addition to punishing the actor, a fine not exceeding 5 billion won is imposed
Where a Serious Accident Other Than Death Occurs
⊙ Individual business manager or business owner
A fine not exceeding 100 million won or imprisonment for not more than seven years
⊙ Institution or corporation
A fine not exceeding 1 billion won and punishment of the actor
What Is a Serious Accident?
■ What Is a Serious Accident?
A serious accident can broadly be divided into a serious industrial accident and a serious citizen accident.
⊙ Serious industrial accident
An “industrial accident” refers to a case in which a person providing labor dies, is injured, or contracts a disease as a result of buildings, equipment, raw materials, gas, vapor, dust, or the like related to the work, or as a result of the work or other duties.
a. One or more fatalities occur
b. Two or more injured persons requiring treatment for at least six months arise from the same accident
c. Three or more persons with an occupational disease prescribed by Presidential Decree, such as acute poisoning from the same harmful factor, arise within one year
⊙ Serious citizen accident
A “serious citizen accident” refers to an accident caused by a defect in the design, manufacture, installation, or management of a specific raw material or manufactured product, a public-use facility, or a means of public transportation, that results in any of the following. However, accidents that constitute a serious industrial accident are excluded.
a. One or more fatalities occur
b. Ten or more injured persons requiring treatment for at least two months arise from the same accident
c. Ten or more persons with a disease requiring treatment for at least three months arise from the same cause
3. Jeju Law Firm Provides Tailored Consulting on Serious Accident Prevention
The Jeju law firm provided tailored consulting on serious accident prevention in order to identify the current weaknesses in the safety management of the manufacturer that requested the legal advisory and to improve its ability to respond when an accident occurs.
By examining the circumstances of the worker's death caused by the machine malfunction, the firm reviewed the ability to respond to a serious accident, and provided measures for responding to the investigation and related press coverage when a serious accident occurs.
In addition, in order to fundamentally prevent industrial accidents at the manufacturer, the firm conducted a safety and health diagnosis by the Korea Occupational Safety and Health Agency to identify weaknesses, pursuant to Article 47 of the Occupational Safety and Health Act.
Furthermore, the firm provided advisory on methods of consultation and settlement with the bereaved family of the worker who died in the accident, and it conducted training based on serious accident cases to improve response capabilities.
The industrial accident attorney of the Jeju law firm emphasized the importance of business owners and business managers fulfilling their safety and health duties under the Serious Accidents Punishment Act and the Occupational Safety and Health Act, and provided legal advisory on serious accident punishment suited to the manufacturer's working environment.
4. Jeju Law Firm Provides a Comprehensive Solution for the Serious Accidents Punishment Act
The Jeju law firm forms a team of Daeryun's industrial accident attorneys who have extensive knowledge of and experience with the Serious Accidents Punishment Act, and provides client-tailored legal services that range from legal advisory and consulting on serious accident punishment to responding to investigations.
The representative of the manufacturer who requested the legal advisory on serious accident punishment expressed great satisfaction with the Jeju law firm's consulting, stating that he was able to find solutions to prevent and respond not only to minor accidents within the company but also to serious accidents such as a worker fatality.
Although the Serious Accidents Punishment Act prescribes severe punishment, such as imprisonment, many companies still delay their response and fail to take measures for reasons such as the burden of cost and a shortage of specialized personnel.
In order to establish a safe working environment and to respond to severe punishment when an accident occurs, consulting from a specialist who can build a site-appropriate safety and health system through a single consultation is needed.
If you wish to prevent serious accidents in advance for the safety of workers and the future of your company, you may wish to consider building a safety system suited to your company through the legal advisory of an industrial accident attorney of Daeryun Law Firm.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
