If You Are Subject to the Serious Accidents Punishment Act, You Must Do This.

Among those reading this article, there may be some who are facing a police investigation because an industrial accident occurred at their workplace, making them subject to the Serious Accidents Punishment Act.

The regulation that punishes business owners, executives responsible for management, public officials, and others who cause casualties by violating safety and health obligations while operating a workplace or public facility, or while handling raw materials or products harmful to the human body, is precisely the Serious Accidents Punishment Act.

If you are implicated in such a matter, even if you did not directly commit the criminal act, as the person held legally responsible under the punishment statute, you may face criminal punishment as well as civil liability for damages, so you must promptly seek remedial measures.

With that in mind, today we would like to share effective measures based on LAWFIRM LEAP's expertise and record of winning cases for those facing punishment in connection with such matters.

In particular, we will explain the standards for legal liability, the level of punishment, and methods for reducing sentences and defending against detention that you may be curious about. We recommend that you focus for just 3 minutes to review the content below.

01Who Is Subject to the Serious Accidents Punishment Act?

In this matter, when a problem arises concerning worker safety, the person responsible for that workplace becomes subject to criminal punishment.

However, since no one can predict when or how an accident will occur, it is important for a company to fulfill its legal obligations in advance to ensure worker safety.

And if such measures were not taken and, as a result, a worker was injured or died, then the company faces the risk of actual imprisonment under the Serious Accidents Punishment Act.

Because this Act applies to all workplaces with 5 or more regular employees, nearly all business owners are subject to its regulations, so careful attention is required.

However, a case in which actual imprisonment may be imposed includes: 1) where one or more deaths occur; 2) where two or more persons suffer injuries requiring 6 months or more of treatment from the same cause; or 3) where three or more persons develop an occupational disease designated by presidential decree from the same harmful factor within one year.

Therefore, if even one of these applies, punishment is possible, and the level of "punishment" also varies by case, so you must check the sentence you may receive and find a response suited to it.

Basically, the level of punishment in this matter is severe. For example, if one or more deaths occur, a prison term of 1 year or more, or a fine of up to KRW 1 billion, may be imposed, and the corporation or institution itself may be fined up to KRW 5 billion.

Where one or more deaths occur — Individual business owner or executive responsible for management: imprisonment of 1 year or more, or a fine of up to KRW 1 billion; corporation or institution: a fine of up to KRW 5 billion Where a serious accident occurs other than death — Individual business owner or executive responsible for management: imprisonment of up to 7 years, or a fine of up to KRW 100 million; corporation or institution: a fine of up to KRW 1 billion Liability for damages — If a business owner or executive responsible for management causes a serious accident by intentionally or through gross negligence violating safety or health obligations, liability for damages up to five times the amount of damages

Therefore, with the assistance of a specialized attorney, if you are a business owner or executive responsible for management, you must overcome the risk of actual imprisonment and also find ways to minimize damage from situations such as financial loss due to civil liability for damages, in addition to fines.

02How to Defend Against Actual Imprisonment If You Are Subject to the Serious Accidents Punishment Act

As shown above, the level of punishment in this matter is by no means light. In particular, since actual imprisonment may be imposed, you must respond immediately with professional assistance to find ways to minimize your legal liability as soon as the incident occurs.

To defend against actual imprisonment under the Serious Accidents Punishment Act, it is important to demonstrate that safety obligations were not neglected.

Rather than making mere assertions, you must demonstrate, based on legal grounds, that you were faithfully fulfilling your safety obligations under the actual regulations. Based on this, you must logically prove that the responsibility for the accident lay not in the workplace's or business owner's neglect of safety obligations, but in factors such as the worker's negligence or carelessness in performing their duties.

Since this matter involves an unfortunate outcome such as a worker's death, hastily asserting only your own position while ignoring these facts will not have a favorable effect on the judgment either.

Therefore, we advise you to obtain legal assistance to identify the core arguments and evidence that are actually necessary, and also to seek advice on the strategic approach to take during the investigation process.

With the assistance of attorneys with backgrounds as police officers who have directly experienced the investigation process, they properly understand what investigative agencies require and what factors may lead to lenient treatment, so they can help you take proper initial action to conclude the matter before Prosecution indictment.

Please remember that only then can you resolve this matter smoothly by receiving a Suspended Indictment or proving that you should be Cleared of Suspicion, without leaving a criminal record through a Suspended Sentence or fine.

The attorneys at LAWFIRM LEAP are able to comprehensively handle civil and criminal disputes based on experience gained while handling various legal disputes at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms.

In particular, since attorneys with backgrounds as police officers handle matters directly, knowing what position and response investigative agencies will take, they can provide customized responses tailored to each situation, which is advantageous in obtaining a lenient judgment.

At LAWFIRM LEAP, our criminal law experts with police backgrounds work tirelessly through every step, from one-on-one consultations to trial defense, striving to find ways to minimize the client's legal liability.

Find the optimal solution for your situation and prevent a single moment's mistake from turning you into a drug offender.

Thank you for reading this long article today.