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Serious Accidents, Occupational Safety, and Labor-Related Criminal Defense

Introduction

Over time, occupational safety has become a central, rather than peripheral, part of a company's Personnel and Labor part, and for companies that neglect or ignore it, the consequences can make or break their fortunes or reputations. 

In particular, the Serious Accidents Punishment Act, which became effective on January 27, 2022, stipulates stronger responsibilities than the Occupational Safety and Health Act and provides for penalties for business owners, managing directors, public officials, and legal entities. Therefore, active responses are required, from proactive prevention, such as establishing and operating a safety and health management system, and management measures necessary to comply with safety and health-related laws and regulations, to reactive responses in the event of a major disaster.

ClassHankyul provides comprehensive legal services such as the establishment of a safety and health management system to respond to the Serious Accidents Punishment Act, initial response to the occurrence of a serious accident, prevention of the spread of serious accidents, and litigation related to serious accidents, based on our extensive experience in the establishment of a safety and health management system and lectures, consultations, administrative sanctions, and criminal cases related to the Serious Accident Punishments Act.
 

Major Business

- Advice on establishing and operating a safety and health management system
- Advice on management measures necessary to comply with safety and health-related laws and regulations
- Initial response to the occurrence of a serious accident (identifying all necessary information to confirm violations of the Serious Accidents Punishment Act, supporting investigations, responding to related agencies such as the Employment and Labor Agency's special work supervision, etc.)
- Prevention of the spread of serious accidents (response to administrative sanctions, response to media, response to victims, prevention of further disasters, etc.)
- Litigation related to serious accidents (criminal and civil litigation)
 

Major Performance

- Lectured on the Serious Accidents Punishment Act (review of the scope of actions and steps that business owners should take)
- Lectured on the Serious Accidents Punishment Act (issues and checklists for the enactment of the Serious Accidents Punishment Act)
- Advised on the Serious Accidents Punishment Act (review of the Serious Accidents Punishment Act for the subproject of New Bundang Line)
- Advised on the Serious Accidents Punishment Act (review of measures for business owners under the Serious Accidents Punishment Act)
- Advised on the Serious Accidents Punishment Act (review of criminal liability under the Serious Accidents Punishment Act)
- Advised on administrative disposition proceedings related to the Serious Accidents Punishment Act (administrative disposition related to the death of a subcontractor's worker during construction)
- Criminal defense of serious accident case (work-related negligence homicide case)
- Provided legal advice related to the Occupational Safety and Health Act
 (inquiries regarding safety and health management systems, including the establishment of management system for ship fires, scrapped automobiles, and hazardous substance facilities; KEPCO, K-eco, and 8 other organizations)
- Represented a defendant in a case involving a violation of the Act on the Safety Control of Hazardous Substances (issue of negligence of a manager in charge of hazardous materials management for an accident at a workplace handling hazardous materials)
- Represented a suspect/defendant in a case involving violations of the Occupational Safety and Health Act (representation at the investigation and trial stages)
- Represented for compensation for damages due to a hydrogen tank explosion accident in Gangneung (represented 34 companies that suffered damages due to a hydrogen explosion accident, proved that the cause of the accident was the failure to install water electrolysis purifiers, oxygen meters, and oxygen scavengers, and the inadequacy of the rated power, and derived standards for the duty to ensure safety in new technology companies)
- Provided legal advice on the Serious Accidents Punishment Act (advised on the safety management system that each business should have in preparation for the implementation of the Serious Accidents Punishment Act, Korea Engineering & Consulting Association)
- Seminar on the Serious Accidents Punishment Act (the need to prevent industrial accidents and serious accidents from a corporate ESG perspective, how to deal with accidents, and reducing business risks, co-sponsored by Korea Disaster Safety Association)
- Seminar on the Serious Accidents Punishment Act (analysis of accident cases related to serious civil accidents, response measures, establishment of safety and health management system, City Air Logistics & Transportation)
- Establishes engineering guidelines for the Serious Accidents Punishment Act (preparation of explanatory documents specialized in the engineering industry and engineering businesses, analysis of risk factors and accident cases in the engineering business sector, and establishment of countermeasures, Korea Engineering & Consulting Association)
- Service for establishing a response plan to the Serious Accidents Punishment Act (analyzing risk factors for each workplace of the Engineering Guarantee Insurance, checking the safety and health management system, and establishing a response system, Engineering Guarantee Insurance)
- Presentation on the Serious Accidents Punishment Act (presentation at the ESG Strategy Forum held at the 2023 Korea Sustainable Chemical Week on the topic of 'Field Cases and Processing Perspectives in the Application of the Serious Accidents Punishment Act', Messe Esang)
 

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