An industrial accident death: what punishment is imposed?

Hello. I am an industrial accident attorney at Daeryun Law LLC.

You asked about the business owner's punishment when an industrial accident death occurs.

First, I will explain the business owner's duty to prevent serious accidents.

Under Article 4 of the Act on the Punishment of Serious Accidents, Etc., the safety and health assurance duties of the business owner and management officials are clearly prescribed.

The main duties accordingly are as follows.

1. Secure the personnel and budget necessary for accident prevention, and establish a safety and health management system

2. When an accident occurs, establish measures to prevent recurrence and implement them thoroughly

3. If a central administrative agency or a local government has requested improvement, correction, or the like in accordance with the relevant statutes, implement it immediately

4. Take managerial measures to fulfill the duties under the safety- and health-related statutes

In addition, a business owner, corporation, or institution in a contracting, service, or consignment relationship must also fulfill safety and health duties even when operating or managing a third party's facilities, equipment, place, or the like.

If, by neglecting such legal duties, an industrial accident death occurs, the business owner and management officials are punished.

They may be subject to imprisonment with labor for 1 year or more, or a fine of up to 10 years, and in this case imprisonment and a fine may be imposed together.

Therefore, to prevent an industrial accident death, it is important to clearly understand the relevant statutes and, on that basis, build a systematic safety system.

We recommend preventing legal risks in advance through the legal advice of an industrial accident attorney.