Deals & Cases
Jinhae Attorney | Assisting a Nurse Subject to a Medical Criminal Complaint for Occupational Negligence Causing Death, Resulting in a No Prosecution Disposition
A Jinhae attorney assisted a client who came to the Jinhae attorney facing the risk of punishment on a charge of occupational negligence causing death, and obtained a no prosecution disposition. This was a result obtained because the client worked together with Daeryun Law Firm.
1. Jinhae Attorney | Confirming the Circumstances of the Case
The client, having become subject to a medical criminal case on a charge of occupational negligence causing death, came to Daeryun Law Firm for a Jinhae attorney.
The Jinhae attorney immediately set about confirming the circumstances of the client's case.
On the day the incident occurred, the client was working as an intensive care unit nurse, and the victim was admitted to the intensive care unit after surgery.
The victim died a short time after admission, and the victim's bereaved family filed a criminal complaint against the client on a charge of occupational negligence causing death.
2. Jinhae Attorney | Confirming the Course of the Medical Incident
In order to respond reliably, the Jinhae attorney examined the course of the medical accident in detail.
Jinhae Attorney | Before the Medical Incident Occurred
The victim in the Jinhae attorney's client's case, after being admitted to the intensive care unit following surgery, exhibited behavioral disturbances and the like, and was therefore fitted with a restraint.
The client calmed the victim and checked the victim's condition at intervals of 5 to 10 minutes.
Thereafter, the victim continued to be uncontrollable and uncooperative with the course of treatment.
Jinhae Attorney | At the Time the Medical Incident Occurred
While the Jinhae attorney's client was continuously checking the victim's condition, the client confirmed that the victim was unconscious and that no pulse could be measured, and immediately notified a physician; the physicians confirmed the victim's cardiac arrest and took measures such as cardiopulmonary resuscitation, but the victim died.
3. Jinhae Attorney | Confirming the Level of Punishment for Occupational Negligence Causing Death
The Jinhae attorney's client was subject to a criminal complaint on a charge of occupational negligence causing death, and the level of punishment for this crime is as follows.
Criminal Act Article 268 (🔗Occupational or Gross Negligence Causing Death or Injury)
A person who causes the death of or injury to another through occupational or gross negligence shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won.
The Jinhae attorney's client faced the risk of imprisonment without labor for not more than five years, and therefore came to the Jinhae attorney to seek assistance.
Jinhae Attorney | The Requirements for Establishing Occupational Negligence Causing Death
The requirements for establishing occupational negligence causing death, the charge against the Jinhae attorney's client, are that the person be engaged in an occupation, that fault, such as a breach of the duty of care, be recognized, that there be a causal relationship, and that the result of death occur, among others.
4. Jinhae Attorney | Defending the Client
The Jinhae attorney undertook the defense in order to prevent the client's punishment.
Jinhae Attorney | No Occupational Negligence
The Jinhae attorney's client continuously checked the victim's condition up until 10 minutes before the victim's cardiac arrest occurred.
The client applied all of the patient monitoring devices before the victim's cardiac arrest occurred.
In addition, because the client did everything possible by way of medical care, immediately notifying a physician upon confirming that there was an abnormality in the victim, it is difficult to conclude that the victim died as a result of the client's breach of the duty of care, and it can be seen that there was no occupational negligence.
Jinhae Attorney | No Causal Relationship
It is difficult to conclude that there was a causal relationship between the Jinhae attorney's client's act and the victim's death.
The victim was of advanced age, was in a state of high bleeding risk from having undergone surgery, and was already in a critical condition from the time of admission to the intensive care unit.
The client merely did everything possible as a nurse by way of medical care.
Considering all the circumstances, it cannot be concluded that the victim came to die as a result of the act of the client, who was a nurse, and therefore there is no causal relationship between the client's act and the victim's death.
5. Jinhae Attorney | The Client Receives a No Prosecution Disposition

The prosecution, having heard the Jinhae attorney's defense, rendered a no prosecution disposition (no suspicion of crime – insufficient evidence) against the client.
In accordance with the Jinhae attorney's defense, it was recognized that the client had not breached the occupational duty of care.
If you are subject to a criminal complaint over a medical accident, you may, like the Jinhae attorney's client, face the risk of punishment on a charge of occupational negligence causing death or injury.
At Daeryun LLC, a medical specialist attorney with extensive medical knowledge, including of the Medical Service Act, takes charge of the case, establishes countermeasures, and responds immediately.
If you find yourself in a situation like that of the client in the Jinhae attorney's case, do not hesitate to visit the Daeryun LLC medical litigation group and seek assistance.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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