분야소개
On January 8, 2021, the National Assembly of the Republic of Korea passed the Act on the Punishment, etc. of Serious Accidents (“Serious Accidents Punishment Act”). The Act is to impose obligations on business owners and persons in charge of management to prevent industrial accidents during business and at their places of business as well as criminal liability, which is to be heavier than that provided under the Occupational Safety and Health Act (“OSHA”), if any death or injury were to occur in breach of the above obligations.
Therefore, companies are in need to prepare themselves to speedily and efficiently respond to any serious accidents that may arise as well as prepare better compliance and risk management measures.
In response to such needs, Barun Law LLC, one of the leading firms in Korea on criminal litigation, has newly created a Special Team to Respond to Serious Accidents Punishment Act. The team is made up of experts in criminal, labor and administrative laws, all of whom are skilled professionals having accumulated years of in-depth experience dealing with matters on OSHA and serious accidents and ready to provide the best possible solutions to clients.
Barun Law’s special response team will be organically connected with other specialized teams within the firm, ready to efficiently respond to investigations to be conducted by the police following the recent adjustments made on investigation rights as well as to the Ministry of Employment and Labor, who will be in charge of the first stage investigations, and to the public prosecutors’ office, who will have the right to direct investigations, all in accordance with OSHA
Based on knowledge and experience accumulated over many years in the area of occupational safety, Barun Law will endeavor to predict the terms of any sub-legislations to be enacted in the future as well as analyze them once they are enacted to provide best possible legal services to create stronger safety and health management systems concerning manpower and budget for each corporate types, following the enactment of the Serious Accidents Punishment Act. Furthermore, Barun Law will provide comprehensive measures to preemptively respond to administrative dispositions and administrative lawsuits, to prevent any further accidents and to come up with prevention measures to minimize losses from serious accidents
주요업무분야
- Provided necessary advice on measures necessary following enforcement of Serious Accidents Punishment Act (such as advising on safety and health management system, such as manpower and budget needed to prevent accidents, measures for their enforcement and measures on carrying out the obligations under laws concerning safety and health)
- Response to investigations and representing clients concerning cases on serious accidents
- Preemptive response to various administrative dispositions and administrative lawsuits following the occurrence of serious accidents
대표사례
- A lawsuit concerning humidifier disinfectants
- Response to investigations and representing in a lawsuit involving an accident where a person fell off from a certain height during equipment maintenance
- Various cases concerning breach of Occupational Safety and Health Act and on occupational gross negligence
