An Assistance Case by a Yongsan Criminal Attorney | Yongsan Criminal Attorney Defends a Charge of Occupational Negligence Causing Injury Down to a Minor Fine

Together with the Yongsan criminal attorney, let us examine the level of punishment for 🔗occupational negligence causing death or injury.

Under Article 268 of the Criminal Act (Death or Injury Caused by Occupational or Gross Negligence), a person who causes the death or injury of another through occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than five years or a fine not exceeding 20 million won.

In addition, where the Occupational Safety and Health Act applies, in the case of a worker's death, imprisonment for not more than seven years or a fine not exceeding 100 million won may be imposed.

The Yongsan criminal attorney emphasizes the points concerning violations of the Occupational Safety and Health Act and the Serious Accidents Punishment Act.

Where an accident occurs in which a worker is injured or dies, the business owner or relevant person bearing responsibility for occupational negligence is charged with the crime of occupational negligence causing death or injury under the Criminal Act.

In particular, where an industrial accident occurs in which a worker dies or is injured due to a structure, facility, or the like, or due to work or other business, a charge of violation of the Occupational Safety and Health Act may also apply.

The Serious Accidents Punishment Act has, since this past January, been expanded to apply to workplaces with at least 5 and fewer than 50 employees. The Serious Accidents Punishment Act applies ▲where at least one fatality occurs among industrial accidents under the Occupational Safety and Health Act, ▲where at least two persons are injured in the same accident requiring treatment for six months or more, and ▲where at least three persons suffer an occupational disease prescribed by Presidential Decree, such as acute poisoning, from the same harmful factor within one year.

If the Serious Accidents Punishment Act applies, a business owner who has neglected safety and health obligations may be punished by imprisonment for at least one year or a fine not exceeding 1 billion won, so caution is required.

The Yongsan criminal attorney emphasized that the defendants acknowledged the facts charged in this case and were reflecting on their conduct.

The defendants keenly felt their responsibility for the injuries to the victims of this accident.

The Yongsan criminal attorney stated that the defendants were making every preparation, with this case as an occasion, to ensure that such an accident never occurs again.

After this case, the defendants equipped themselves with fire-suppression equipment of upgraded performance, among other measures.

The Yongsan criminal attorney emphasized that the victims of this accident were also colleagues who had worked together with the defendants, and that after the accident they expressed their wish that the defendants not be punished.

In addition, the attorney sought leniency by noting that the defendants had diligently performed their work over the years and that many people around them had submitted letters of appeal on their behalf.