Legal Q&A
Q
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Hello, I run a small factory in a certain area. This time, one of our employees was injured while operating a machine. Fortunately, the injured employee was not seriously hurt, but I am now facing police questioning. What is the sentence for occupational negligence causing injury? I am also curious about how I should respond in the police questioning and the Ministry of Employment and Labor investigation. I would be grateful if you could let me know.
Occupational negligence causing injury
Industrial accident report
Sentence for negligent infliction of injury
Answer
Published:
Author : Byung Joon KOH
You have inquired about occupational negligence causing injury. First, I wonder whether your employee's health is all right, and I think you, as the business owner, must also have been quite startled.
Occupational negligence causing injury is established where a person is injured through serious negligence in the course of duties.
Under the Criminal Act, imprisonment without labor of up to 5 years or a fine of up to 20 million won may be imposed.
In addition, if you are the safety and health management officer, the Occupational Safety and Health Act may apply and can be relevant.
If an accident occurs due to inadequate safety measures, then imprisonment of up to 5 years or a fine of up to 50 million won may be imposed.
For occupational negligence causing injury, it is important to determine the sentencing standards and then, based on this, establish a response strategy in a careful manner.
To explain the representative sentencing standards, it would be good to emphasize the point that the machine or site where the accident occurred has now been corrected, and the point that you are enrolled in industrial accident compensation insurance.
I do not know the extent of the actual worker's harm, but it is important to respond by considering how much the harm has recovered and the degree of the bodily injury.
However, because these sentencing standards may be difficult to judge on your own, we recommend that you undergo the police questioning and the Ministry of Employment and Labor investigation with the assistance of a serious accident attorney.

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Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law
Key Case Results
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