CONTENTS
- 1. The Client Who Came to Our Gimcheon Attorney
- 2. The Client's Circumstances with Our Gimcheon Attorney
- - The Duties of Our Gimcheon Attorney's Client
- - The Breach of Duty by Our Gimcheon Attorney's Client
- 3. The Laws Applicable to Our Gimcheon Attorney's Client
- 4. Our Gimcheon Attorney's Defense of the Client
- - Our Gimcheon Attorney Emphasizes That the Client Apologized to the Bereaved Family
- - Our Gimcheon Attorney Emphasizes That the Client Is Faithfully Carrying Out the Special Supervision and Oversight
- 5. Our Gimcheon Attorney Averts the Client's Imprisonment
1. The Client Who Came to Our Gimcheon Attorney
The client who came to our Gimcheon attorney visited the Gimcheon office of Daeryun Law Firm after being charged with violating the Occupational Safety and Health Act, and he requested that a sentence of imprisonment be averted.
2. The Client's Circumstances with Our Gimcheon Attorney
To avert a sentence of imprisonment for the client, our Gimcheon attorney reviewed the circumstances.
The client was a business owner who operated an enterprise for manufacturing purposes with a factory,
and a worker who had been performing duties under the client's instructions died as a result of the client's occupational negligence.
The client was charged with having violated the Occupational Safety and Health Act in connection with his business.
The Duties of Our Gimcheon Attorney's Client
Our Gimcheon attorney's client was required to ① conduct, in order to prevent danger to workers, a prior investigation of matters such as the topography and ground conditions of the worksite, record and preserve the results, prepare a work plan in consideration of the investigation results, and ensure that work was carried out in accordance with that plan.
In addition, he had occupational duties of care to ② mark equipment used in the work process with its maximum permissible load and the like so that workers could recognize it, and ③ conduct non-destructive testing in order to test the safety of the equipment used when workers performed their work.
The Breach of Duty by Our Gimcheon Attorney's Client
Although our Gimcheon attorney's client had the duties described above, ① he did not establish a work plan before the worker performed the work, ② he had the worker use equipment that was not marked with its maximum permissible load and the like, so that the worker could not recognize it, and ③ he did not conduct the non-destructive testing necessary to ensure the safety of the equipment used by the worker in the work process.
3. The Laws Applicable to Our Gimcheon Attorney's Client
■🔗Occupational Safety and Health Act Article 167 (Penalty Provisions)
① A person who, in violation of Article 38 (1) through (3) (including cases applied mutatis mutandis under Article 166-2), Article 39 (1) (including cases applied mutatis mutandis under Article 166-2), or Article 63 (including cases applied mutatis mutandis under Article 166-2), causes the death of a worker shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won.
Article 173 (Joint Penalty Provisions) Where a representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits a violation falling under any of Article 167 (1) or Articles 168 through 172 in connection with the business of the corporation or individual, the corporation shall, in addition to the punishment of the offender, be subject to the fine specified under the following classifications, and the individual shall be subject to the fine prescribed in the relevant Article.
1. In the case of Article 167 (1): a fine not exceeding 1 billion won
■Criminal Act Article 268 (🔗Occupational or Gross Negligence Resulting in Death or Injury)
A person who, through occupational negligence or gross negligence, causes the death of or injury to another person shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.
Under the laws above, our Gimcheon attorney's client could face punishment of imprisonment for not more than seven years or a fine not exceeding 100 million won, and the client's worksite could face a fine not exceeding 1 billion won.
4. Our Gimcheon Attorney's Defense of the Client
In order to avert a sentence of imprisonment for the client, our Gimcheon attorney conducted the defense as follows.
Our Gimcheon Attorney Emphasizes That the Client Apologized to the Bereaved Family
Our Gimcheon attorney's client expressed deep regret over the worker's death, provided consolation to the bereaved family by paying funeral expenses, and mourned the worker's passing.
He also sincerely mourned the worker's death by arranging matters such as the worker's burial site, and he apologized to the bereaved family with all sincerity and obtained their forgiveness.
The bereaved family of the worker in our Gimcheon attorney's client's case also prepared a statement of no desire for punishment and a settlement agreement, expressing that they did not wish for the client to be punished.
Our Gimcheon Attorney Emphasizes That the Client Is Faithfully Carrying Out the Special Supervision and Oversight
Since this incident, our Gimcheon attorney's client has cooperated to the fullest with the labor office's corrective measures and has faithfully carried out the special supervision and oversight.
In order to prevent a recurrence of accidents in a substantive way, the client invested considerable cost and personnel and created an environment in which other workers can work safely.
He is striving to overcome complacency about safety among all workers and to ensure that disasters arising from safety accidents never occur again.
5. Our Gimcheon Attorney Averts the Client's Imprisonment
Through our Gimcheon attorney's defense, the client was able to avert a sentence of imprisonment. The court, having heard our Gimcheon attorney's arguments, imposed a suspended sentence on the client.
This was a case in which a sentence of imprisonment had appeared unavoidable, because the worker had even died as a result of the client's negligence, yet a sentence of imprisonment was averted through our Gimcheon attorney's assistance.
If, as in this case, you face the risk of punishment for violating the Occupational Safety and Health Act, please feel free to seek out a specialist attorney at Daeryun Law Firm and entrust your case to us.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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