CONTENTS
- 1. The client who came to the Cheongju law office
- - The circumstances of the case examined by the Cheongju law office
- - The crime of occupational negligence causing injury or death, explained by the Cheongju law office
- 2. The assistance provided by the Cheongju law office
- - Cheongju law office: "The duty of care required of a safety manager was fulfilled"
- - Cheongju law office: "It was an accident the client could not have foreseen"
- 3. As a result of the Cheongju law office's assistance, an acquittal
- - If you are looking for the Cheongju law office
1. The client who came to the Cheongju law office
The client who requested consultation from the Cheongju law office had been indicted for 🔗occupational negligence causing injury.
This was because a fall accident had occurred at the construction site where the client was serving as the safety manager.
Having fulfilled the occupational duty of care, such as providing hard hats to the workers and instructing them to work in two-person teams, the client felt that the indictment was unjust.
Accordingly, in order to deny all of the charges, the client requested legal assistance from the Cheongju office.
The circumstances of the case examined by the Cheongju law office
Through the consultation conducted at the Cheongju law office, we were able to examine in detail the circumstances of the client's case.
Two years ago, the client had worked as a safety manager at the construction site of an apartment complex in Cheongju.
At that time, an accident occurred at the construction site where the client was serving as the safety manager, in which one worker fell.
As a result of this accident, the client was indicted by the prosecution on the allegation of having caused the victim 🔗bodily injury by failing to fully observe the occupational duty of care.
However, because the accident occurred when the victim performed work without obtaining the client's permission during a rest period rather than during working hours, the client could not but feel that the situation was unjust.
Accordingly, denying all of the allegations and seeking to establish innocence, the client requested legal defense from the labor specialist attorney at the Cheongju law office.
The crime of occupational negligence causing injury or death, explained by the Cheongju law office
There are persons who perform work that entails the risk of inflicting bodily injury on others or causing their death.
Those who fall within this category include workers engaged in transportation involving trains, vessels, or automobiles; work handling explosives, foodstuffs, or pharmaceuticals; medical practice related to human life and health; construction; and the like.
Persons in such occupations must observe the duty of care during work in order to prevent the occurrence of accidents.
If, by violating or neglecting the duty of care, such a person causes the death of another or inflicts bodily injury, the crime of occupational negligence causing death or injury under the Criminal Act is established.
Occupational negligence causing death or injury is prescribed as punishable by imprisonment without labor for not more than five years or a fine of not more than twenty million won.
A person who causes the death or bodily injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine of not more than twenty million won.
2. The assistance provided by the Cheongju law office
After examining the client's case once more in close detail, the Cheongju law office formed a team of attorneys with extensive experience resolving cases in the construction and labor fields.
In addition, the team fully denied the facts charged against the client with the following arguments.
Cheongju law office: "The duty of care required of a safety manager was fulfilled"
On the day of the incident, the client provided protective safety equipment to the workers and instructed them to work in two-person teams, making efforts to create a safe working environment.
Furthermore, based on the statements of other workers who were present at the scene at the time of the accident, the team argued that the client had faithfully fulfilled the occupational duty of care, including by conducting safety training.
Cheongju law office: "It was an accident the client could not have foreseen"
At the time the accident occurred, it was not only outside of working hours, but the victim had also voluntarily proceeded with work, without obtaining any particular permission from the client, who was the safety manager, and thereby met with the accident.
Accordingly, we argued that it was an accident that the client, as the safety manager, could not have foreseen and that it was difficult to regard it as one that could have been avoided.
3. As a result of the Cheongju law office's assistance, an acquittal
The court, accepting the arguments of the Cheongju law office attorneys, pronounced the client not guilty.
This was thanks to the Cheongju office specialist attorney's argument that the client had sufficiently fulfilled the duty of care.
Having obtained an acquittal in an unjust situation and feeling reassured, the client also extended words of gratitude to the Cheongju office.
If you are looking for the Cheongju law office
The case above involved a client who came to the Cheongju office to request legal consultation after a fall accident occurred at the construction site where the client was working as a safety manager.
If you have been unjustly charged with a crime as described above, please request a 🔗consultation with Daeryun Law Firm to resolve the matter.
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.
