CONTENTS
- 1. The Client Who Requested a Busan Attorney Consultation
- 2. Circumstances of the Client's Case Identified Through the Busan Attorney Consultation
- 3. Assistance to Prove Non-Prosecution Through the Busan Attorney Consultation
- - Busan Attorney Consultation, Argument of No Breach of the Duty of Care
- - Busan Attorney Consultation, Argument That No Causal Relationship for the Injury Was Established
- 4. As a Result of the Busan Attorney Consultation, the Client Obtained a Non-Prosecution Decision
1. The Client Who Requested a Busan Attorney Consultation
The client who requested a Busan attorney consultation was facing an investigation on a charge of negligent infliction of injury.
Because the act had not been intentional, the client felt a degree of injustice.
The Busan attorney consulted in detail on the client's case and undertook a response tailored to the situation.
2. Circumstances of the Client's Case Identified Through the Busan Attorney Consultation
These are the circumstances of the client's case identified through the Busan attorney consultation.
While visiting a department store in downtown Busan, the client was walking and looking at a mobile phone when he collided with the victim in this case.
As the client collided with the victim, who had just come up the escalator, the victim, from the impact of the collision, tumbled down the escalator.
As a result of this incident, the victim sustained an injury requiring approximately 12 weeks of treatment.
The victim filed a complaint against the client for negligent infliction of injury, and the client requested help from the Busan attorney.
The Offense of Negligent Infliction of Injury Explained by a Busan Attorney
The offense of negligent infliction of injury refers to a crime in which a person causes bodily injury to another through negligence.
Article 266 of the Criminal Act (Negligent Infliction of Injury)
① A person who causes bodily injury to another through negligence shall be punished by a fine not exceeding 5 million won, detention, or a minor fine.
② The offense under paragraph (1) may not be prosecuted against the clearly expressed will of the victim.
The negligence referred to in the offense of negligent infliction of injury means a breach of the duty of care.
For the offense of negligent infliction of injury to be committed, the following must be proven: ▲negligence (breach of the duty of care), ▲a causal relationship between the resulting injury and the negligent act, and ▲a result caused by the negligence.
3. Assistance to Prove Non-Prosecution Through the Busan Attorney Consultation
Through the Busan attorney consultation, the attorney undertook assistance to establish grounds for the client's non-prosecution.
Busan Attorney Consultation, Argument of No Breach of the Duty of Care
The Busan attorney argued that the client's conduct did not amount to a breach of the duty of care.
The client saw the victim coming up the escalator and passed by leaving ample space to avoid the victim.
The Busan attorney secured the department store's CCTV and argued that there had been empty space between the client and the victim.
Busan Attorney Consultation, Argument That No Causal Relationship for the Injury Was Established
The Busan attorney argued that the victim had not fallen because of the client's conduct, but that it was an accident in which the victim lost balance and fell on her own.
The victim also stated at the initial examination that she had 'fallen on her own,' and this was recorded in the hospital's medical records.
The Busan attorney argued that there was no objective evidence whatsoever of a causal relationship between the client's breach of the duty of care and the injury.
4. As a Result of the Busan Attorney Consultation, the Client Obtained a Non-Prosecution Decision
As a result of the Busan attorney consultation, the client was able to obtain a non-prosecution decision.
Regarding the CCTV evidence submitted by the Daeryun Busan attorney, the prosecution stated, "It is true that the victim fell immediately after encountering the defendant. However, examining the footage, the victim cannot be said to have fallen because the defendant was blocking her."
The prosecution also stated, "Because there is no evidence to establish a causal relationship that the defendant caused the victim to sustain an injury requiring approximately 12 weeks of treatment, the defendant cannot be found to have been negligent," and issued a non-prosecution decision.
In the offense of negligent infliction of injury, whether punishment is imposed and the sentence vary depending on factors such as the degree of harm, the gravity of the negligence, and whether the actor fulfilled the duty of care.
In this case, the legal interpretation that it did not amount to negligent infliction of injury and the submission of evidence were more important than anything else.
If you are involved in negligent infliction of injury, it is recommended to resolve the case promptly and effectively with the assistance of an attorney from the police investigation stage.
At Daeryun Law Firm, an attorney is involved from the initial consultation and provides assistance at every legal stage, including the police investigation and trial, working to protect the client's rights and interests.
If you are seeking a 🔗attorney referral for a consultation in downtown Busan, please visit the Daeryun Law Firm 🔗Busan attorney office.
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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