[Occupational Negligence Causing Death Case] A Suspended Sentence in an Occupational Negligence Causing Death Case

The client who came to Daeryun to defend against the occupational negligence causing death case ran a construction business and held the position of overall supervisor of the project.

At the client’s direction, the victim, who was performing installation work on a high railing, had his hard hat come off when the work support collapsed.

The victim, who was teetering on the railing, ultimately fell to the floor and died.

The client therefore faced a lawsuit on charges of occupational negligence causing death and violation of the Occupational Safety and Health Act.

■ Statutes Relevant to the Occupational Negligence Causing Death Case

◎ Rules on Occupational Safety and Health Standards

▶ Article 35 (Duties of Managers and Supervisors to Prevent Hazards and Risks, etc.)

① The employer shall have a manager or supervisor under Article 16 (1) of the Act carry out the duties necessary to prevent hazards and risks.

▶ Article 38 (Preliminary Investigation and Preparation of a Work Plan, etc.)

① Where the employer performs any of the following works, the employer shall, in order to prevent risks to workers, conduct a preliminary investigation of the relevant work, the topography, ground, and soil conditions of the worksite, and the like, record and preserve the results, prepare a work plan in light of the investigation results, and carry out the work in accordance with that plan.

1. Work to install, assemble, or dismantle a tower crane

2. Work using vehicle-mounted loading and unloading machinery, etc.

3. Work using vehicle-mounted construction machinery

4. Work using chemical equipment and its ancillary equipment

5. Electrical work under Article 318

6. Ground excavation work where the height of the excavated face is 2 meters or more

7. Tunnel excavation work

8. Work to install, dismantle, or alter a bridge

9. Quarrying work

10. Work to dismantle structures, buildings, and other facilities

11. Handling of heavy objects

12. Repair and inspection of tracks and other related equipment

13. Work to exchange, couple, or separate trains

▶ Article 44 (Attachment Equipment for Safety Belts, etc.)

① Where the employer has a worker wear a safety belt at a place 2 meters or more in height where there is a risk of falling, the employer shall install equipment that allows the safety belt to be hooked and used safely. Where a support rope or the like is installed as such safety belt attachment equipment, the employer shall take the measures necessary to prevent it from sagging or coming loose.

▶ Article 57 (Assembly, Dismantling, and Alteration of Scaffolding, etc.)

① Where the employer performs work to assemble, dismantle, or alter a suspended scaffold or scaffolding 5 meters or more in height, the employer shall observe the following matters.

1. Workers shall perform the work under the direction of a manager or supervisor

2. The timing, scope, and procedures of the assembly, dismantling, or alteration shall be made known to the workers engaged in that work

3. Persons other than the workers engaged in the relevant work shall be prohibited from entering the assembly, dismantling, or alteration work zone, and the prohibition shall be posted in a conspicuous place

4. Where the weather is very bad due to instability of rain, snow, or other weather conditions, the work shall be suspended

5. Where work to connect or dismantle scaffolding materials is performed, a footboard 20 centimeters or more in width shall be installed and workers shall be made to use safety belts, along with other measures to prevent falls

6. Where materials, instruments, tools, or the like are raised or lowered, workers shall be made to use a hanging rope or a hanging bag, or the like

The client deeply regrets having failed to attend more carefully to the prevention of industrial accidents, both for the victim who died as a result of the occupational negligence and for the workers at the site.

The client bitterly regrets the fault of not having provided training to prevent the accident in advance through measures such as fall prevention, the use of safety belts, and the wearing of safety helmets.

The client pledged to manage matters thoroughly so that an accident of this kind would never occur again.

The victim of the occupational negligence causing death was a foreign national, and because the bereaved family's contact information could not be identified quickly, Daeryun filed an application with the court to confirm the victim's intent.

As the court granted the application, the bereaved family's contact information became known, and after communication, the parties decided to prepare a settlement amount and to settle.

However, due to the victim's bereaved family's sudden refusal to settle and the loss of contact, the client unavoidably made a criminal deposit for the victim's side.

To defend the occupational negligence causing death case, Daeryun argued that the client was a first-time offender with no criminal record whatsoever.

The client had worked in the construction industry for several decades, building professional experience, and had started his own business a few years earlier.

Daeryun's attorney submitted that the client was a sound member of society who had worked diligently and lived earnestly.

The client in this case, who came seeking a defense in the occupational negligence causing death case, wished to mount a defense with Daeryun's assistance.

In response, Daeryun formed a team of attorneys with extensive experience in such cases and assisted with the overall procedure of the litigation.

As a result, the court accepted Daeryun's arguments and pronounced a suspended sentence on the client.

Anyone facing concerns over an occupational negligence causing death case, like the client above, is welcome to reach out to Daeryun Law Firm at any time.