법무법인바른 사이트는 IE11이상 혹은 타 브라우저에서
정상적으로 구동되도록 구현되었습니다.

익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.

1. Case Overview
a. Client Represented by Barun Law:
President of Korea Coal Corporation (A), Safety Management Officer (B), and Korea Coal Corporation.

b. Background:
At the Jangseong Mine of Korea Coal Corporation in Taebaek, a safety manager was killed in a "coal outburst" accident inside the mine shaft. The prosecution alleged that while instructing underground mining work, the defendants failed to properly manage drainage, thereby leaving dangerous conditions unaddressed. The defendants were indicted for violations of the Serious Accidents Punishment Act, the Mine Safety Act, and involuntary manslaughter.

c. Proceedings:
The prosecution argued that the defendants failed to construct a necessary ventilation layer and other safety facilities. The defendants countered that there was no causal link between any alleged breach of duty and the fatal accident, and that they had faithfully fulfilled their safety management obligations.

2. Judgment
The court acquitted all defendants of all charges.

3. Grounds for Judgment
The court held that the obligations of an executive responsible for management under the Serious Accidents Punishment Act are limited to establishing and overseeing a safety management system, not to directly carrying out specific safety measures. Accordingly, no causal relationship existed between the alleged breach of duty and the accident. Furthermore, the failure to establish a ventilation layer was found to be unavoidable given the geological characteristics of the coal seam and could not be considered a failure of drainage management or an unlawful act. The fatality was instead attributed to an unforeseeable, irresistible natural event, namely, a coal outburst.

4. Our Arguments and Role
We emphasized that determining liability under the Serious Accidents Punishment Act fundamentally depends on causation. We also thoroughly reviewed and submitted Korea Coal Corporation's internal safety meeting records and activity logs, demonstrating that the defendants had fulfilled their safety obligations.

In addition, we impeached the speculative findings of the prosecution's accident investigation report through cross-examination of witnesses, while presenting expert testimony to establish that the coal outburst was an unavoidable natural phenomenon. These efforts ultimately secured acquittals for all defendants.

5. Significance
This was the first prosecution of a public corporation under the Serious Accidents Punishment Act, and it drew significant public attention. The court's decision strictly interpreted the scope of the Act, confirming that criminal liability of executives cannot be imposed solely on the basis of an accident’s occurrence. The ruling will serve as an important precedent for defense strategies and evidentiary approaches in future similar cases.