Practice Areas
Our People
News & Resources
Book Consultation

Q
Views47,882
Hello, I run a small factory in a provincial area. Recently, a worker died in an accident at the factory.. It seems I will be punished under the Serious Accidents Punishment Act, but how far does a business owner's responsibility extend? From what I have seen, I understand that punishment can be reduced if it is proven that efforts were made in advance to prevent a serious accident..
Serious Accidents Punishment Act
serious accident
Answer
Published:
Author : Byung Joon KOH
Hello. Under the Serious Accidents Punishment Act, when a serious industrial accident occurs, whether the business owner or the responsible manager is subject to criminal punishment, and the level of that punishment, is determined by whether they established a safety and health management system to prevent the accident and implemented it appropriately.
Under the Serious Accidents Punishment Act, a business owner has the following obligations for on-site safety.
A business owner must faithfully fulfill obligations such as ▲securing personnel, budget, and organization for accident prevention, ▲identifying and improving hazardous and risk factors, ▲establishing and implementing a safety and health management system, and ▲listening to and acting on the opinions of workers.
In other words, punishment is not confirmed by the mere occurrence of an accident; rather, whether punishment is imposed and its level are determined by examining how well the obligations under the Act were fulfilled in advance.
Therefore, if it is objectively proven that the business owner took substantive measures, such as establishing a safety and health management system and conducting regular inspections and training, the possibility of a reduced sentence or of no punishment also remains open.
However, because disputes over the interpretation of the statute and over the facts are frequent in practice, it is advisable to respond with the assistance of an attorney who has expertise related to the Serious Accidents Punishment Act from an early stage.

Serious Accidents 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0