Cheongju law office defense case | An acquittal of occupational negligence causing injury with the assistance of the Cheongju law office

Through the consultation conducted at the Cheongju law office, we were able to examine in detail the circumstances of the client's case.

Two years ago, the client had worked as a safety manager at the construction site of an apartment complex in Cheongju.

At that time, an accident occurred at the construction site where the client was serving as the safety manager, in which one worker fell.

As a result of this accident, the client was indicted by the prosecution on the allegation of having caused the victim 🔗bodily injury by failing to fully observe the occupational duty of care.

However, because the accident occurred when the victim performed work without obtaining the client's permission during a rest period rather than during working hours, the client could not but feel that the situation was unjust.

Accordingly, denying all of the allegations and seeking to establish innocence, the client requested legal defense from the labor specialist attorney at the Cheongju law office.

There are persons who perform work that entails the risk of inflicting bodily injury on others or causing their death.

Those who fall within this category include workers engaged in transportation involving trains, vessels, or automobiles; work handling explosives, foodstuffs, or pharmaceuticals; medical practice related to human life and health; construction; and the like.

Persons in such occupations must observe the duty of care during work in order to prevent the occurrence of accidents.

If, by violating or neglecting the duty of care, such a person causes the death of another or inflicts bodily injury, the crime of occupational negligence causing death or injury under the Criminal Act is established.

Occupational negligence causing death or injury is prescribed as punishable by imprisonment without labor for not more than five years or a fine of not more than twenty million won.

On the day of the incident, the client provided protective safety equipment to the workers and instructed them to work in two-person teams, making efforts to create a safe working environment.

Furthermore, based on the statements of other workers who were present at the scene at the time of the accident, the team argued that the client had faithfully fulfilled the occupational duty of care, including by conducting safety training.

At the time the accident occurred, it was not only outside of working hours, but the victim had also voluntarily proceeded with work, without obtaining any particular permission from the client, who was the safety manager, and thereby met with the accident.

Accordingly, we argued that it was an accident that the client, as the safety manager, could not have foreseen and that it was difficult to regard it as one that could have been avoided.

The case above involved a client who came to the Cheongju office to request legal consultation after a fall accident occurred at the construction site where the client was working as a safety manager.

If you have been unjustly charged with a crime as described above, please request a 🔗consultation with Daeryun Law Firm to resolve the matter.