Labor Attorney Recommendation | A Suspended Sentence Achieved with the Help of a Labor Attorney Even in a Worker Fatality Case

The client who came to a Daeryun labor attorney was a business owner who comprehensively oversaw and managed matters concerning the safety and health of the workers belonging to the company, and was in a situation in which he had been indicted for failing to take the measures necessary to prevent 🔗an industrial accident.

The Occupational Safety and Health Act sets out the safety and health regulations that a business owner must observe and includes various measures to protect workers' rights.

Through this statute, a business owner can create a safe working environment, and workers can recognize and exercise their rights.

■Statutes relevant to the case of the client who came to a labor attorney

Occupational Safety and Health Act Article 38 (Safety Measures)

① A business owner shall take the measures necessary to prevent industrial accidents arising from any of the hazards falling under any of the following subparagraphs.

1. Hazards caused by machinery, instruments, and other equipment

2. Hazards caused by explosive, ignitable, and flammable substances and the like

3. Hazards caused by electricity, heat, and other energy

② A business owner shall take the measures necessary to prevent industrial accidents arising from hazards caused by improper work methods and the like when performing excavation, quarrying, loading and unloading, logging, transport, operation, conveyance, dismantling, handling of heavy objects, and other work.

③ A business owner shall take the measures necessary to prevent industrial accidents that may occur when a worker performs work at any of the following places.

1. A place where a worker is at risk of falling

2. A place where there is a concern that earth, sand, structures, and the like may collapse

3. A place where there is a risk that objects may fall or fly

4. A place where there is a concern that a hazard caused by a natural disaster may occur

④ The specific matters concerning the measures that a business owner must take under the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Occupational Safety and Health Act Article 167

A person who, in violation of the Occupational Safety and Health Act, causes the death of a worker shall be punished by imprisonment with labor for not more than 7 years or by a fine not exceeding 100 million won.

The labor attorney argued that the client was deeply remorseful about the accident and that, although the client was in a very difficult financial situation, he was making efforts toward improvement by spending approximately 10 million won to newly install equipment related to the accident and by hiring personnel for safety management.

Despite the fact that the client's company is currently in a difficult financial situation, the client made efforts to improve the site using loan funds.

The labor attorney also emphasized that the client took steps so that the victim's bereaved family could receive survivors' benefits, funeral expenses, and the like after the victim's death, and that the client paid the bereaved family separate compensation for the loss.

The labor attorney argued that, while the client, who bore responsibility for the workplace's safety, acknowledged his fault, the victim was also at fault for not wearing safety equipment.

The Daeryun labor attorney argued, using the in-house safety guidelines as evidence, that the client had regularly conducted safety-related education.

If the Occupational Safety and Health Act is violated, criminal and even civil litigation may proceed, so the help of a legal professional is essential.

Because the level of punishment is determined according to the details of the accident and the degree of fault, it is advisable to establish an appropriate defense strategy together with a specialist labor attorney.

At Daeryun Law, led by 🔗Attorney Han Jong-hun, a former public-interest commissioner of the Gyeongnam Regional Labor Relations Commission who is specialized in labor (industrial accident) cases, specialist labor attorneys provide legal assistance tailored to each client's circumstances.