Legal services of the highest caliber - World-Class Law Firm based in Korea

Serious Accident Response

Overview

There is a sharp increase in the number of individuals that are criminally charged in relation to major issues, such as industrial accidents, unfair labor practices, and illegal placement of workers. In particular, contrary to the past practice where a relatively generous punishment, such as a fine, was issued in labor-related criminal cases, courts are now issuing sentences on stricter standards, including an actual prison sentence imposed on a director. Furthermore, in industrial accident cases, courts are more likely to issue a harsher punishment than the past if convicted, as the Occupational Safety and Health Act (“OSHA”) was amended on January 16, 2020 to impose heavier liability on the ultimate employer, and the Act on Punishment for Serious Accidents (“APSA”) was entered into force on January 27, 2022 to reinforce the criminal subjects and the level of criminal punishment.

Against this backdrop, Yoon & Yang established a Serious Accident Response Group composed of a deep bench of experts, including former judges with extensive experience in HR and labor, former prosecutors, attorneys who specialize in labor, certified public labor attorneys, foreign attorneys, advisors who worked at the Supreme Public Prosecutors’ Office or the Ministry of Employment and Labor, attorneys who specialize in real property and construction, and attorneys who specialize in corporate compliance.

The Serious Accident Response Group advises on all legal issues that may arise at the workplace, including the development and improvement of safety and health management systems to prevent industrial accidents, and prompt on-site response when a serious accident/industrial accident occurs. In addition, the Serious Accident Response Group provides comprehensive legal advice for responses to investigation after an accident occurs, responses to administrative measures such as labor supervision and suspension of work, settlement with victims (or their bereaved families) and compensation for damage, and dispute procedures related to serious accidents/industrial accidents at the Labor Relations Administration, Public Prosecutors’ Office and courts.

Yoon & Yang offers comprehensive legal services in a wide spectrum. In particular, the Practice Group draws upon its analysis and understanding of the APSA to develop safety and health management systems in response to the Act, provides legislative consulting on subordinate regulations, including presidential decrees, and strategizes on-site responses to a serious accident as well as representations in related cases.

Practices

Compliance related to Serious Accident/Occupational Safety
Build, diagnose and improve occupational safety and health management systems
Examine and improve occupational safety and health regulations
Advise on the establishment of a response system before the APSA is entered into force


Consulting services on legislations related to Serious Accident/
Occupational Safety

Consulting services on legislation of subordinate regulations, including presidential decrees
Consulting services on legislation and amendment of administrative rules


Response to Occupational Safety/Serious Accident
(Serious Occupational Accident/Serious Civil Accident)

On-site response
Response to administrative investigation and supervision
Representation in the dispute resolution process, including investigation, litigation and trial

Representative Matters

Response to the death of a worker of a vendor of Company G (power generation equipment manufacturer)
Response to the death of a worker of a vendor of Company I (airport operation company)
Response to the death of a worker of a vendor in the logistics center of Company L (IT service provider)
Response to a criminal investigation and a trial related to the violation of the OSHA by Company G (ship component manufacturer) and legal advice to respond to an industrial accident (crane collapse and falling accident)
Response to investigations and trials related to industrial accidents of Companies H, G, S, K and D (major construction companies)
Response to a fire at a logistics warehouse of Company O (logistics company)
Response to a civil litigation related to the collapse of a tower crane of Company H (construction company)
Response to the death of a worker of a vendor in a data center of Company H (system developer)
Response to the death of a worker of a vendor of Company L (daily supplies manufacturer)
Provided advice on occupational safety and health to Company U (transportation and storage company)
Response to the death of a worker of Company K (railroad business) during a shunting operation
Legal advice and guidance on occupational safety and health to Company B (electronic equipment company)
Legal advice and guidance on occupational safety and environment to Company H (defense equipment manufacturer)
Response to investigation of various types of serious accidents, including an accident at a tunnel paving site (closing of internal investigation or non-indictment disposition)
Response to trials of serious accident cases where defendants were indicted for a violation of the OSHA, such as a dump truck collision at a construction site, asphyxiation at a furnace construction site, falling at a thermal power plant construction site, collapse of a tunnel for high-speed railroads, fire at an apartment construction site, accident at a Goyang apartment construction site, accident at a construction site for sewage pipe management works, and accident at a construction site for subway traffic improvement (acquittal)

News & Publications

Recent Matters주요구성원보기

최근업무사례

Newsletters


18th, 19th, 22nd, 23rd, 34th Fl., ASEM Tower 517 Yeongdong-daero, Gangnam-Gu, Seoul 135-798, Korea / Tel:+82-2-6003-7000 / Fax:+82-2-6003-7800

Yoon & Yang Pro Bono Foundation

Web Accessibility

Yoon & Yang LLC has developed its website in accordance with web accessibility guidelines to ensure an equal access to web services for the people with disabilities. Yoon & Yang LLC is committed to continuously improving its website for the convenience of all users.

close