How to Reduce Sentencing for Occupational Negligence Resulting in Death or Injury [Must Read]

This is LAWFIRM LEAP, where a team of three attorneys with backgrounds at major law firms and the police handles each case.

Among those reading this post, there may be individuals who have been reported for occupational negligence resulting in death or injury.

When occupational or gross negligence causes a person's death or injury, this offense may be established.

As this is a serious matter in which the victim suffered death or injury, if the charge is established, you must seek prompt relief.

In particular, punishment may be imposed based on the outcome even if it was unintended, so in these cases you must first review whether the offense is actually established before the initial investigation, and then respond to the case with the assistance of a specialized attorney.

Since leniency can only be secured by establishing evidence during the initial investigation and consistently and specifically explaining your position, we urge you to work with an expert experienced in responding to investigations.

At LAWFIRM LEAP, since specialized attorneys with experience at major law firms and in the police handle cases, we understand the police's perspective better than anyone, and have deep understanding of and know-how regarding the investigation stage.

Therefore, for those who need to defend against sentencing for occupational negligence resulting in death or injury, we can establish a favorable initial response strategy.

After reading this post, if an actual police investigation is imminent, please contact LAWFIRM LEAP.

We will find the best solution from the client's perspective.

01What are the sentencing range and elements of occupational negligence resulting in death or injury?

If a doctor causes a medical accident while performing treatment, and as a result the patient suffers injury or death, this is not simple negligent homicide but is punished as occupational negligence resulting in death or injury.

Also, once the criminal liability requirements are established, license holders such as doctors may have their license revoked and suffer other professional disadvantages.

02Criminal Act Article 268 (Occupational or Gross Negligence Resulting in Death or Injury)

A person who causes another person's death or injury through occupational or gross negligence shall be punished by imprisonment without labor for not more than five years or a fine not exceeding 20 million won.

Depending on the circumstances, liability may also be established under the Occupational Safety and Health Act.

Under this Act, employers are obligated to take necessary measures such as safety and health management to prevent industrial accidents to workers, and if a worker dies or is injured because such obligations were not properly fulfilled, punishment is imposed under this offense.

If charged with violating the Occupational Safety and Health Act, the offender faces imprisonment of up to 7 years or a fine of up to 100 million won, and may also face civil lawsuits and need to defend against disciplinary action.

As such, given the severe sentencing range and the difficulty of reaching a settlement with the victim, you must seek relief with the assistance of a specialized attorney.

Since the solution must differ for each individual case and it is difficult to find a legally sound path to leniency, you must seek a solution with the assistance of a specialized attorney acting as your legal representative.

Also, depending on the case, a violation of the Occupational Safety and Health Act may also be found.

Therefore, it is important to systematically establish a response strategy and undergo questioning during the investigation stage together with a specialized attorney who has a deep understanding of the matter.

03What are the methods for defending against sentencing for occupational negligence resulting in death or injury?

If you are being investigated on this matter, you must first check whether a causal relationship with the death is established.

And before undergoing police questioning, you must make your argument with the evidence needed to prove the circumstances.

For example, if a medical accident occurred, you must examine whether it was truly an unavoidable accident, and whether death actually resulted from delayed treatment by medical staff, and so on.

Even if the patient died, if a 100% causal relationship is not established, it is also possible to prove that there is no basis for suspicion.

However, if death actually resulted from delayed handling, legal liability arises accordingly.

Therefore, you must first check the individual circumstances, and if the charge is actually established, you must prove that the act was not intentional, that concrete measures were taken to remedy the harm, and that a settlement was reached quickly with the victim.

However, since the settlement process can be more difficult than expected, coordination with the victim also needs to be handled more systematically, so you should proceed with the assistance of a legal representative in calculating the settlement amount and drafting the settlement agreement.

You must also find ways to avoid additional financial losses and take measures to avoid professional disadvantages.

Also, if it is difficult to attribute the cause of the accident to the defendant's fault, or if the injury is minor, this may be taken into account in sentencing.

Furthermore, you must prove as sentencing materials the facts that failing to defend against the sentence could result in losing one's job, that the family's livelihood could be jeopardized as a result, that you have cooperated faithfully with the investigation and reflected on the matter, and that you have shown a sincere attitude in performing your duties up until now.

Therefore, with the assistance of a specialized attorney experienced in responding to investigations, before the investigation stage concludes, please try to quickly find case-specific solutions and promptly prove sentencing materials to defend against unfair or excessive measures.

The attorneys at LAWFIRM LEAP have handled various legal disputes while working at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms.

As attorneys with police backgrounds and extensive experience in the investigation process, we are well positioned for an effective initial response to the police and can handle the trial process without error.

With the experts at LEAP, who have experience at both major law firms and the police, you can state your position and comprehensively address both criminal and civil matters.

As we understand your situation and urgent concerns better than anyone, we will mobilize all our knowledge and know-how to help achieve the best possible outcome.

If you have not yet found legal counsel to work with, please face the initial investigation together with LEAP.

We will devise the best solution tailored to your situation.

Thank you for reading this long post.