I am considering receiving serious disasters punishment act consulting. What kind of help can I receive?

Hello. This is the serious disasters specialist attorney at Daeryun Law Firm.

Serious disasters punishment act consulting is not just explaining the law provisions but is preventive legal consulting centered on actually reducing criminal punishment risks for companies.

The Serious Disasters Punishment Act is a law that imposes criminal responsibility not only on the on-site responsible person who directly caused the accident but also on the management responsible person (CEO, actual decision maker) when serious human casualties occur to workers or third parties.

Serious disasters are divided into serious industrial disasters (1 or more worker deaths, 2 or more injured persons requiring 6 months or more of treatment from the same accident, etc.) and serious civil disasters (when serious damage occurs to general citizens through workplaces, facilities, products, etc.).

If serious disasters punishment act violation is recognized, the CEO/management responsible person may face imprisonment or large fines, fines on the corporation, damage to corporate image due to media coverage, restrictions on public bidding/contracting, expansion of civil damages and group dispute possibilities, etc.

In particular, criminal responsibility is difficult to avoid no matter how well the cleanup is done after the accident, so the importance of advance consulting is very large.

Serious disasters punishment act consulting usually proceeds with the following scope.

-Organizing the management responsible person scope and responsibility structure of the company

-Checking whether the safety/health management system meets the legal standards

-Reviewing risk factor identification and management procedures
-Reviewing legal compliance of internal regulations, manuals, and reporting systems
-Designing responsibility distribution structure and response scenarios in case of accidents
-Advisory on the direction of evidence material management with future investigation/trial in mind

The key is to inspect based on points that may become problems in actual investigation processes.

Serious disasters punishment act consulting is most effective before accidents.

If accidents have already occurred, it shifts to criminal response-centered, but if a management system has been established through advance consulting, it serves as important grounds to dispute the criminal responsibility of the management responsible person.

Since the necessary response and preparation are all different depending on the company's size, industry, and on-site structure, customized serious disasters punishment act consulting tailored to the company is needed, not formal inspection.

If you are curious about whether the Serious Disasters Punishment Act applies to your company or the current risk level, please receive an inspection at this stage.