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Violation of the Occupational Safety and Health Act, etc.
Violation of the Occupational Safety and Health Act, etc.Acquittal / Not guilty

Occupational Safety and Health Act Violation Case | A Fire Accident at a Construction Site, Client Acquitted

The client, who faced the risk of punishment on charges of violating the Occupational Safety and Health Act and occupational negligence causing injury, came to Daeryun to defend against the charges.

1. How the Client Came to Be Charged With Violating the Occupational Safety and Health Act

Daeryun Violation of the Occupational Safety and Health Act client case study

This is a case in which a client indicted on charges of violating the Occupational Safety and Health Act was acquitted through Daeryun's systematic analysis and professional defense.

The Client Charged With Violating the Occupational Safety and Health Act

While the client was carrying out an apartment new-construction project, a fire broke out during welding work by a worker of the subcontractor A Company, causing significant damage.

As a result, several workers at the site were injured and part of the construction site was damaged, resulting in property losses amounting to tens of billions of won.

The client, as the contractor, along with the site managers, was indicted on charges of violating the Occupational Safety and Health Act and occupational negligence causing injury, and thus faced the question of legal liability.

In this case, the legal liability under the Occupational Safety and Health Act was at issue, and it was important to determine whether the workers of A Company could be held responsible for causing the accident by violating safety procedures.

To obtain professional and systematic assistance, the client sought out a specialized attorney at Daeryun Law Firm with extensive experience in cases of this kind.

2. The Obligations Under the Occupational Safety and Health Act

The Occupational Safety and Health Act is a law that, in order to protect the safety and health of workers, sets safety standards at industrial sites and, through these standards, clarifies the responsibilities between employers and workers so as to prevent industrial accidents.

This Act ensures that workers can work in a safe and healthy working environment and plays an important role in maintaining and promoting the safety and health of workers.

Under the Occupational Safety and Health Act, employers must fulfill various obligations to prevent and respond to industrial accidents.

These include the obligation to take measures such as installing and posting safety and health signs, taking safety measures, and taking health measures.

Through this, a workplace can prevent accidents and create an environment in which workers can work safely.

Workers must comply with these safety and health measures.

Occupational Negligence Causing Injury

If a business owner violates the Occupational Safety and Health Act or causes an accident through carelessness, the owner may be punished for occupational negligence causing injury.

Occupational negligence causing injury refers to inflicting injury on another person by failing to fulfill a duty of care during the course of one's work, and a person bears responsibility for accidents caused by mistakes or carelessness in performing that work.

Under the Criminal Act, a person who injures another through occupational negligence or gross negligence may be subject to criminal punishment.

▶ Article 268 of the Criminal Act

Death or injury by occupational negligence or gross negligence

Imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won

Rules on Occupational Safety and Health Standards

This case involved a fire that broke out during welding work, and it is also related to the Rules on Occupational Safety and Health Standards.

▶ Article 241 of the Occupational Safety and Health Rules (Matters to Be Observed during Fire-Risk Work)

① When carrying out fire-risk work in a place that is not sufficiently ventilated, the employer shall not use oxygen for ventilation purposes.

② When carrying out fire-risk work in a place where flammable substances are present, the employer shall observe the following matters necessary for fire prevention.
1. Preparing for the work and establishing work procedures

2. Ascertaining the status of the use and storage of hazardous materials within the workplace

3. Protective measures for nearby flammable substances associated with hot work and the placement of fire extinguishing equipment

4. Measures to prevent the scattering of sparks and welding spatter, such as welding spatter shields and welding fire blankets

5. Measures such as ventilation to ensure that vapors of flammable liquids and flammable gases do not remain

3. Occupational Safety and Health Act Violation: Assistance for the Defense

Daeryun assistance in a violation of the Occupational Safety and Health Act

In this case, the key issues were whether the client had ensured that the workers of the subcontractor complied with the safety and health management system and whether the client had taken measures to prevent fire.

▷ Are there any documents or records that can prove the above matters?

▷ Were there parts where the workers of Company A proceeded with work while disregarding the procedures set by the client?

The attorney at Daeryun focused on proving the matters described above.

Reviewing Whether the Safety and Health Management System Was Implemented

The attorneys at Daeryun thoroughly examined whether the safety and health management system established by the client had actually been implemented at the worksite.

To this end, they analyzed in detail the safety training materials, work guidelines, inspection records, and other documents provided by the client, and confirmed whether the relevant documents had been prepared systematically and whether the on-site managers had thoroughly carried them out.

Through the evidence secured in this process, the client was able to demonstrate that the safety and health management system had been properly established.

Proving That Company A's Workers Violated the Regulations

One of the central issues in this case was that the workers of Company A had proceeded with the work while disregarding the established safety procedures.

The attorney at Daeryun analyzed the work records of Company A's workers and, through testimony at the site, established that the workers of Company A had violated the safety procedures and carried out the welding work at their own discretion.

Through this, it was possible to prove that the main cause of the accident lay in the violation of regulations by Company A's worker.

Analyzing the Adequacy of the Fire Prevention Measures

The Daeryun attorney verified whether the client had taken appropriate measures to prevent fire.

The client sought to demonstrate that, through the fire prevention training conducted on site, the equipment inspection records, the guidance of the safety manager, and similar measures, every step had been taken to minimize the possibility of a fire.

Through this, the client sought to make clear that the cause of the accident lay not in the client's negligence but in the unlawful conduct of Company A's workers.

4. Result of the Occupational Safety and Health Act Violation Case: “Acquittal”

Daeryun Occupational Safety and Health Act violation case result acquittal

As a result of Daeryun's thorough analysis and strategic response, the court rendered an acquittal on the charges of violating the Occupational Safety and Health Act and occupational negligence causing injury.

A decisive factor was clearly proving that the workers of the subcontractor, Company A, had violated the rules, which was done by presenting sufficient material on whether Company A's workers had complied with the safety procedures and on the fire prevention measures.

Accordingly, the court acquitted the client, who was able to be cleared of the charge of violating the Occupational Safety and Health Act.

If You Have Violated the Occupational Safety and Health Act

In cases involving violation of the Occupational Safety and Health Act, the most important issue is the cause of the accident and who bears responsibility for it.

Because the responsibility of the contractor, the subcontractor, the site manager, and others may differ, a close analysis of the cause of the accident is necessary.

Daeryun LLC includes many attorneys who have experience advising large corporations on the Serious Accidents Punishment Act, as well as attorneys with experience as judges and prosecutors dedicated to corporate litigation and labor cases.

Through specialized knowledge and a systematic analysis of the case, we work to clarify the precise circumstances and responsibility for the matter and to pursue a favorable outcome in court.

If you are involved in a violation of the Occupational Safety and Health Act or occupational negligence causing injury and face the risk of punishment, please feel free to request assistance at any time through a 🔗legal consultation reservation.

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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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