CONTENTS
- 1. The client who came to Daeryun on a Suncheon attorney recommendation
- - How the client came to receive a Suncheon attorney recommendation
- - Relevant statutes for the case of the client who received a Suncheon attorney recommendation
- 2. Assistance for the client who received a Suncheon attorney recommendation
- - Suncheon attorney recommendation strategy 1. Argument that the client did the utmost in safety management
- - Suncheon attorney recommendation strategy 2. Argument that the worker failed to observe safety rules
- 3. Result of a Suncheon Attorney Recommendation: Successful Dismissal of the Prosecutor's Appeal
- - If You Need a Suncheon Attorney Recommendation
1. The client who came to Daeryun on a Suncheon attorney recommendation
The client who visited Daeryun through a Suncheon attorney recommendation had received a minor fine at the first instance on charges relating to an 🔗industrial accident, but was in a situation where the prosecutor had appealed on the ground of improper sentencing.
To obtain a dismissal of the appeal, the client received an attorney recommendation within Suncheon and came to Daeryun's Suncheon office.
How the client came to receive a Suncheon attorney recommendation
Daeryun closely examined the account of the client who came through a Suncheon attorney recommendation.
At the client's company, which operates a logistics warehouse in Suncheon, an accident recently occurred in which a forklift and a worker collided and the worker was injured.
As the person responsible for safety management, the client was prosecuted for failing to fulfill that duty and had received a first-instance judgment.
The prosecutor then appealed on the ground of improper sentencing, and the client received a Suncheon attorney recommendation in order to obtain a dismissal of the appeal.
Relevant statutes for the case of the client who received a Suncheon attorney recommendation
The Occupational Safety and Health Act is an essential statute for workplace safety. Employers must comply with this Act to create a safe work environment, and workers can have their rights protected.
This Occupational Safety and Health Act provides for the employer's criminal liability in the event of an industrial accident.
Where a worker is caused to die, the employer may be subject to imprisonment of up to seven years or a fine of up to 100 million won.
Occupational negligence causing injury refers to a case in which, in the course of performing one's duties, another person is injured through negligence.
That is, it is a case in which another person suffers bodily injury due to an accident arising from a failure to exercise sufficient care while performing one's duties.
The crime of occupational negligence causing injury is provided for in Article 268 of the Criminal Act, and is punishable by imprisonment without labor of up to five years or a fine of up to 20 million won.
If the victim dies, the crime of occupational negligence causing death applies, and a more severe punishment may be imposed.
2. Assistance for the client who received a Suncheon attorney recommendation
For the client who received a Suncheon attorney recommendation, Daeryun set out on an appellate defense strategy.
Suncheon attorney recommendation strategy 1. Argument that the client did the utmost in safety management
For the client who received a Suncheon attorney recommendation, Daeryun argued that the driver's fault was significant.
As a result of Daeryun's Suncheon attorney reconstructing the circumstances of the accident and conducting an objective analysis, the client had regularly completed safety training, submitted records of regular safety inspections of the forklift and the work environment, and otherwise did the utmost in safety management.
Daeryun's Suncheon attorney emphasized that, because the client had done the utmost in safety management, the prosecutor's argument regarding inadequate safety management was not valid.
Suncheon attorney recommendation strategy 2. Argument that the worker failed to observe safety rules
Daeryun's Suncheon attorney secured the CCTV footage and proved that the accident occurred because the forklift driver entered a forklift no-entry zone without authorization.
At the time, the forklift driver appears to have entered the no-entry zone in a careless state, listening to music with earphones.
For the client who received a Suncheon attorney recommendation, Daeryun emphasized, on the basis of that evidence, that the accident was not caused by the client's fault.
3. Result of a Suncheon Attorney Recommendation: Successful Dismissal of the Prosecutor's Appeal
With the recommendation of a Suncheon attorney, the client was able to have the prosecutor's appeal dismissed.
The client stated, “To defend the appellate proceedings, I sought an attorney recommendation and requested assistance. Thanks to the Daeryun attorney, the original judgment was upheld.”
If You Need a Suncheon Attorney Recommendation
Since the Serious Accidents Punishment Act was expanded this January to apply to workplaces with five or more employees, a high standard of industrial safety is required.
If an industrial safety accident has occurred, it is safest to respond with the recommendation of an attorney who has the relevant expertise.
If you are seeking a Suncheon attorney recommendation for a situation such as the above, please visit Daeryun Law Firm's 🔗Suncheon office.
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.
