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Occupational negligence causing death, etc.
Occupational negligence causing death, etc.Suspended sentence

Industrial Accident Fatality | An Industrial Accident Fatality Occurred, and the Responsible Parties Were Defended to Avoid a Custodial Sentence

The clients who requested defense after an industrial accident death occurred were the parties responsible for the accident.

An attorney specializing in industrial accident matters provided assistance and succeeded in defending against an actual custodial sentence.

1. The Clients Who Requested Defense Regarding the Industrial Accident Fatality

Clients who requested assistance following a fatal industrial accident

These are clients who requested a defense regarding a fatal industrial accident.

The clients were the safety manager and the business owner of the site where the industrial accident occurred. The clients requested the maximum possible defense against punishment.

Occurrence of an Industrial Accident Fatality

The clients requested defense regarding a recent industrial accident death incident.

The incident occurred at an apartment construction site that the client's company had been awarded and was working on.

A worker fell while working at the apartment construction site and died.

The clients, as the business owner and the site manager, were charged with causing the victim's death by failing to fulfill their duty to take safety measures at the site.

-A business owner must provide and have workers wear a safety helmet and a safety harness when they work in a place with a risk of falling from a height of two meters or more.

-Protective measures such as safety railings, fences, vertical fall-prevention nets, or covers must be firmly installed with a structure of sufficient strength in places where a worker is at risk of falling.

-There is a duty of care to ensure that the above safety measures are carried out at the construction site.

When an Industrial Accident Fatality Occurs, What Are the Penalties?

Industrial accident death refers to a case in which a worker dies due to structures, facilities, raw materials, or the like related to the work.

Where a person causes the death of another through occupational negligence, under Article 268 of the Criminal Act, that person may be subject to imprisonment without labor for up to five years or a fine not exceeding 20 million won.

Business owners and contractors must take all safety and health measures to prevent industrial accidents.

Where a worker's death is caused by a violation of this duty, under the 🔗Occupational Safety and Health Act, one may be subject to imprisonment for up to seven years or a fine not exceeding 100 million won.

Violation of the Occupational Safety and Health Act: Who Is Subject to Punishment?

In cases involving violation of the Occupational Safety and Health Act, courts determine that the person actually responsible for on-site safety and health management is the subject of punishment. Generally, this applies to the on-site responsible person, such as the factory manager, site manager, or facility manager.

Even a representative director may not be a subject of punishment if he did not directly participate in on-site work and had delegated safety management responsibility.

In fact, the Uijeongbu District Court has held that, in a case where the site manager bore safety management responsibility, the representative director bore no liability for the violation. (Uijeongbu District Court 2004No1726)

In addition, even after the enforcement of the 🔗Serious Accidents Punishment Act, the standard for determining who is the actor in a violation of the Occupational Safety and Health Act has not changed.

Both the courts and the Ministry of Employment and Labor determine the subject of punishment by comprehensively considering factors such as the company's division of duties, whether authority was delegated, and whether actual management was exercised.

In short, the person who actually managed safety and health on site is the subject of punishment.

2. Establishing a Defense Strategy to Defend Against Penalties for an Industrial Accident Fatality

Establishing a defense strategy for an industrial accident fatality

We set out to establish a defense strategy to defend against punishment for an industrial accident fatality.

Attorneys with experience in numerous cases involving industrial accident fatalities closely examined the facts and established a defense strategy through which leniency could be requested.

Industrial Accident Fatality Defense 1. Acknowledging All Facts and Showing Remorse

The industrial accident specialist attorney argued that the clients readily admitted all of the charges in the indictment and were sincerely reflecting on their conduct.

The clients are resolved to implement all safety measures so that industrial accidents do not occur in the future.

In fact, the clients readily admitted all of the charges in the indictment from the time of the first investigation and acknowledged all the facts without concealment.

The industrial accident specialist attorney emphasized the facts above and requested leniency.

Industrial Accident Fatality Defense 2. Asserting That Safety Training Was Conducted Multiple Times

The industrial accident specialist attorney emphasized that the clients conducted safety training regularly.

To prove that safety training had been carried out, the attorney in charge submitted as evidence the daily safety training logs, safety training confirmation forms, and the like.

Industrial Accident Fatality Defense 3. Asserting Enrollment in Workers' Accident Insurance

The industrial accident attorney argued that the clients had given top priority to preventing accidents in advance and had done their best in safety management, but that they had taken out workers' accident compensation liability insurance to prepare for unavoidable, unforeseen accidents.

The attorney in charge emphasized that the clients held workers' accident insurance with a coverage limit of 500 million won and that a claim for the insurance proceeds had already been filed, noting that this could be of significant help in the recovery of the bereaved family's losses.

3. Defending the Parties Responsible for the Industrial Accident Fatality, Concluding with a Suspended Sentence

As a result of defending the clients, who were the persons responsible for the industrial accident fatality, they received a suspended sentence and were able to avoid an actual custodial sentence.

When a worker dies in an industrial accident and a person is indicted on charges of occupational negligence causing death and violation of the Occupational Safety and Health Act, the level of punishment is high and the legal determination of the responsible party is complex.

To accurately explain the circumstances of the case and the actual state of on-site management, the assistance of a serious accidents specialist attorney 🔗with abundant experience in industrial accident cases is critical.

At Daeryun LLC, specialist attorneys who have handled numerous cases related to industrial accident fatalities provide advice on initial response in the early stage of a case, analysis of the parties bearing legal responsibility and the establishment of response strategies, response to investigations by investigative agencies, response to criminal trials, and advice related to administrative dispositions and civil liability.

Check out video content
related to this case as well.

  1. Essential guide to serious accident law from an industrial accident lawyer

산업재해사망 | 산업재해사망 사고 발생, 책임자들 변호해 실형 방어

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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