a. Party Represented by Barun Law

A specialized construction company ("Company A") that received a notification from the Korea Occupational Safety and Health Agency ("KOSHA") regarding the accidental death rate for 2023.

b. Background of the Case

The client was a subcontractor of a general construction company ("Company B"). At the construction site, another specialized construction company ("Company C"), hired by Company B, was conducting work when a day laborer employed by Company B died in an accident. KOSHA included the death of this worker in the number of accidental deaths associated with the client's construction site, notifying the client that its accidental death rate for 2023 was 28 times higher than the industry average for specialized construction companies.

c. Litigation Details

The court recognized that the notification of the accidental death rate issued to the client by KOSAH could cause irreparable harm to the client. In addition, the court found that there was an urgent need to suspend the effect of the notification to prevent such damage. The court also concluded that suspending the notification would not significantly impact public welfare. Therefore, the court granted the client's request for suspension of the notification.

Seoul Administration Court Decision 2024Ah12714, dated September 4, 2024

We meticulously analyzed the facts of the case and argued that the client would suffer severe and irreparable harm due to the notification. Through in-depth research into the Occupational Safety and Health Act and the constitutional principle of individual responsibility, we developed a strong legal argument that the death of the worker should not be counted in the calculation of the client's accidental death rate. Furthermore, we carefully examined a similar case in which a large law firm had failed to secure both the cancellation of a notification and a suspension of the enforcement. By emphasizing the differences between that case and this one, we actively persuaded the court during hearings.

Given the increasing regulatory scrutiny on construction companies due to the Serious Accidents Punishment Act and other safety-related laws, this case is significant as it marks the first time a court has recognized the actionable nature of the notification regarding the accidental death rate—a key factor in subcontractor selection by general construction companies—and granted a suspension of its enforcement, setting a crucial precedent for future rulings.

□  Attorneys in charge: Lee Dong-Hoon, Jung Jae-Hee, Park Sung-Ho and Son Ju-Yeong