CONTENTS
- 1. The Client Who Requested a Suncheon Attorney Consultation
- - Pleading That the Situation Was Unfair During the Suncheon Attorney Consultation
- - Reviewing the Sentencing Range for Occupational Negligence Causing Injury Through a Suncheon Attorney Consultation
- 2. Suncheon Attorney Consultation: Emphasizing That the Defendant Could Not Demand Replacement of the On-Site Agent
- - Suncheon Attorney Consultation: The Defendant Had No Reason to Remain Stationed at the Site Where the Incident Occurred
- - Suncheon Attorney Consultation: The Defendant's Efforts to Reach a Settlement with the Victim
- 3. Result of the Suncheon Attorney Consultation: A Minor Fine Was Imposed
1. The Client Who Requested a Suncheon Attorney Consultation
The client who requested a Suncheon attorney consultation had been charged with occupational negligence causing injury.
During the Suncheon attorney consultation, the client explained that a casualty had occurred due to a construction error by the company with which he had entered into a construction contract as the ordering party.
The client stated that the victim's side had filed a criminal complaint for occupational negligence causing injury against both the construction company and the client.
Because the client had no particular authority over the conduct of the construction, the client felt the situation was unfair.
Pleading That the Situation Was Unfair During the Suncheon Attorney Consultation
During the Suncheon attorney consultation, the client pleaded that the situation was unfair. This was because the victim was injured at the construction site due to the company that had been negligent in carrying out the construction.
In particular, in this case the matter proceeded quickly from the police investigation to referral to the prosecutors' office. Sensing that a heavy sentence could result if the trial proceeded as it was, the client requested a Suncheon attorney consultation from Daeryun.
Reviewing the Sentencing Range for Occupational Negligence Causing Injury Through a Suncheon Attorney Consultation
Through a Suncheon attorney consultation, let us review the sentencing range for occupational negligence causing injury.
Criminal Act
Article 266 (Negligent Infliction of Injury) ①A person who, through negligence, causes bodily injury to another shall be punished by a fine not exceeding 5 million won, detention, or a minor fine.
② Prosecution for the crime under paragraph (1) may not be instituted against the clearly expressed will of the victim.
Article 268 (Death or Injury by Occupational or Gross Negligence) A person who, through occupational negligence or gross negligence, causes the death of or bodily injury to another shall be punished by imprisonment without labor for not more than five years or a fine not exceeding 20 million won.
2. Suncheon Attorney Consultation: Emphasizing That the Defendant Could Not Demand Replacement of the On-Site Agent
Through a detailed Suncheon attorney consultation with the client, Daeryun Law Firm formed a team of attorneys made up of multiple professionals with substantial case experience.
The Daeryun attorney team argued that, at the time the defendant inspected the site, there was no problem with the progress of the construction. On this basis, it stated that the defendant had neither the grounds nor the authority to replace the on-site agent.
Suncheon Attorney Consultation: The Defendant Had No Reason to Remain Stationed at the Site Where the Incident Occurred
What was established through the Suncheon attorney consultation is that the defendant had no reason to remain stationed at the site where the incident occurred.
Although the defendant was the overall supervisor, his role did not involve being stationed at the construction site, so it was emphasized that he was not in a position to have had a significant influence on this incident.
Suncheon Attorney Consultation: The Defendant's Efforts to Reach a Settlement with the Victim
During the Suncheon attorney consultation, it was explained that the defendant had made every effort to reach a settlement with the victim, but the settlement could not be concluded because the victim's side proposed a high settlement amount.
Nevertheless, the defendant emphasized that he keenly felt a sense of responsibility for the victim's injury.
3. Result of the Suncheon Attorney Consultation: A Minor Fine Was Imposed
Accepting the argument of the Daeryun Law Firm attorney, the court issued a judgment stating, “The defendant is fined 500,000 won. If the defendant fails to pay the fine, he shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.”
As a result of conducting the Suncheon attorney consultation and developing a strategy regarding the charge of occupational negligence causing injury, the client, who was the overall manager of construction site management, received a minor fine.
In cases of occupational negligence causing injury, the circumstances surrounding the incident must be examined closely, and securing relevant evidence is also important.
This may be described as a matter that is difficult to handle alone.
If you are facing an investigation or trial on a charge of occupational negligence causing death or injury, it is advisable to seek the assistance of a professional.
Daeryun Law Firm (LLC) organizes case teams of 3 to 20 legal professionals depending on the matter. In addition, it handles entrusted cases using Daeryun's litigation system, which has been built on the basis of its resolved cases.
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.
