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Violation of the Act on the Punishment of Serious Accidents, etc.
Violation of the Act on the Punishment of Serious Accidents, etc.Suspended sentence

Industrial Accident Fatality | Case Defending Against a Custodial Sentence Despite Three Charges Arising from an Industrial Accident Fatality

We assisted a business owner client implicated in three charges arising from a fatal industrial accident and defended against an actual custodial sentence. The industrial accident attorney assisted the business owner client and obtained a suspended sentence even in a case involving a worker's death.

1. Circumstances of the Industrial Accident Fatality

The business owner client who requested assistance following a fatal industrial accident

The place where the fatal industrial accident occurred was a process for mixing and blending raw materials for chemical products.

The victim was performing cleaning work to wash the mixer and remove foreign substances.

In the course of checking the open or closed state of the discharge outlet inside the mixer, although ordinarily it would have been sufficient to inspect it from the outside using a switch, the victim leaned his upper body deep inside the mixer to check, and the mixer suddenly started to operate, causing the accident.


As the rotating blades of the mixer turned, the victim suffered serious injuries and ultimately died at the scene.


Cleaning of the mixer had ordinarily been regarded as a simple task of low risk, and safety rules had also been prepared and announced.


The business owner client stated that the victim had, contrary to expectations, taken the unusual action of putting his upper body inside the machine, and requested the maximum possible defense against punishment.


Daeryun LLC formed a TF team of industrial accident attorneys, conducted a detailed consultation, and devised a strategy for defending against punishment.

Laws Related to Industrial Accident Fatalities

Due to the fatal industrial accident, the client was indicted on charges of occupational negligence causing death, violation of the Serious Accidents Punishment Act (industrial accident causing death), and violation of the Occupational Safety and Health Act.

The relevant statutes are reviewed below.

▶🔗Occupational negligence causing death?

Occupational negligence causing death refers to the crime of causing death or injury to a person through occupational negligence.

As in this case, where a site supervisor or manager neglects industrial accident prevention measures and a fatal accident occurs, the person may be indicted for the criminal offense of occupational negligence causing death.

If occupational negligence causing death is found, the offender may be subject to imprisonment without labor for up to 5 years or a fine not exceeding 20 million won.


▶🔗Serious Accidents Punishment Act (industrial accident causing death)

This offense applies when a fatal accident occurs because safety obligations were not fulfilled at an industrial site.

Business owners and responsible managers who cause a serious accident by violating their duty to secure safety and health are subject to imprisonment for at least 1 year or a fine not exceeding 1 billion won.


▶Violation of the Occupational Safety and Health Act

The 🔗Occupational Safety and Health Act provides that a business owner must take the measures necessary for the safety and health of workers.

This includes installing safety devices, conducting risk assessments, and providing training on work procedures, and neglecting these constitutes a violation of the Act subject to criminal punishment.

A person who violates a health obligation and causes the death of a worker may be subject to imprisonment for up to 7 years or a fine not exceeding 100 million won.

2. Establishing a Strategy to Respond to the Industrial Accident Fatality

Defense Strategy for Defending Against Punishment in an Industrial Fatal Accident

To defend against punishment in the industrial fatal accident, an industrial accident attorney undertook the assistance.

Industrial Accident Defense 1. Arguing That the Situation Was Highly Exceptional

The industrial accident attorney emphasized that the driving and cleaning work of the mixer in this case was simple work with a low level of risk.

The attorney highlighted that, even though the condition of the outlet could be checked from the outside, the victim's putting his upper body inside the mixer to check it was an extremely unusual action, and was a method not found in the work standards or the manual.

The attorney argued that, even if there were inadequate aspects of the system, such as a safety switch, while the mixer was operating, it was in practice difficult to prevent and anticipate in advance every one of the victim's unexpected work methods.

Industrial Accident Defense 2. Arguing Implementation of Safety and Health Measures

The industrial accident attorney submitted detailed materials showing that the company had continuously conducted occupational safety and health education from before the accident and had established and implemented risk assessments related to the mixer cleaning work.

The attorney also presented as evidence the educational materials on the mixer operation procedures and the records of periodic safety inspections before the accident, proving that the company had not directed unreasonable work without ensuring safety.

The attorney also argued that, considering the relatively low level of risk inherent in the nature of mixer cleaning work, it was sufficiently difficult to foresee that a fatal accident could occur during cleaning work, as in this case.

Industrial Accident Defense 3. The Inevitability of Not Implementing Two-Person Team Work

The prosecution pointed to the fact that the cleaning work had not been carried out in two-person teams as gross negligence.

The industrial accident attorney emphasized the practical circumstances that cleaning work had been evaluated as repetitive and simple work with a markedly low level of danger, and that it was difficult to always maintain a two-person team deployment given the staffing conditions at the site.

Considering the scale of the company and its staffing circumstances, the attorney requested leniency, asserting that organizing every task into a two-person team could be an excessively burdensome measure in terms of site operation.

3. Result of the Industrial Accident Fatality Defense: Custodial Sentence Avoided

As a result of the defense in the industrial fatal accident case, the court pronounced a suspended sentence.

This was a case in which, due to an industrial accident in which a worker died, the defendant was indicted on charges of occupational negligence causing death, violation of the Serious Accidents Punishment Act (industrial accident causing death), and violation of the Occupational Safety and Health Act, but through the defense of a Daeryun industrial accident attorney, an actual custodial sentence was averted.

An industrial fatal accident is one of the worst disasters that can occur at an industrial site, and serious criminal liability may be imposed on a corporate manager or site supervisor.

Where an accident causing the death of a worker occurs, one should consult sufficiently with a 🔗Serious Accidents Punishment Act expert from the early stage of the case and prepare a response strategy.

Daeryun LLC builds defense strategies based on prompt ascertainment of the facts, preservation and collection of evidence, securing materials evidencing the performance of risk assessment, and support for amicable settlement with the victim and bereaved family.

If you need urgent help due to an industrial fatal accident, please request assistance from Daeryun LLC, which operates an urgent consultation system 24 hours a day, 365 days a year.

Check out video content
related to this case as well.

  1. Essential Guide to the Serious Accident Act A to Z

산재사망사고 | 산재사망사고로 인한 3건의 혐의에도 실형 방어한 사례

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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