
Legal Q&A
Q
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Hello, I have a question regarding a fatal industrial accident. Recently, a fatal industrial accident occurred in which a worker at the factory I operate was caught in a press machine and died.. I supported the bereaved family with funeral expenses and other assistance, and treated them with the utmost respect. However, I heard that the bereaved family intends to file a claim for industrial accident damages. When I checked the CCTV, it also seemed that the worker may have violated their duty of care. To respond to the damages lawsuit, I would need the help of a specialist attorney, right?
Fatal industrial accident
Industrial accident
Fatal accident
Answer
Published:
Author : Byung Joon KOH
Hello, I will answer your question regarding the fatal industrial accident.
When a fatal industrial accident occurs, the bereaved family may separately file a civil claim for damages (an industrial accident damages lawsuit) against the business owner.
This applies to cases where a fatal accident occurs because the business owner violated duties such as the duty to take safety measures and the duty of management and supervision under the Occupational Safety and Health Act.
Even if you have confirmed through CCTV circumstances of the worker's carelessness or violation of safety rules, the court generally examines first whether the business owner fulfilled the duty to take safety measures and the duty to provide education.
In particular, in the case of dangerous machinery such as press machines, the duties under the Occupational Safety and Health Act to install protective devices, provide operating training, and supervise compliance with safety rules during work are strengthened.
If these are neglected, there is a high likelihood that the business owner's negligence will be recognized.
The bereaved family's claim for damages may include consolation money for emotional distress, lost earnings, and funeral expenses, and it can lead to a claim in the hundreds of millions of won.
In addition, in the case of a fatal industrial accident, you must respond to criminal punishment as well as damages.
This is because, if a fatal industrial accident occurs due to the business owner's occupational negligence, they may be punished by imprisonment for up to 7 years or a fine not exceeding 100 million won.
In your current situation, we recommend that you obtain the assistance of an attorney specializing in industrial accidents and serious accidents to analyze the circumstances of the accident, review the scope of legal liability, and establish a systematic defense strategy.

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Byung Joon KOH
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