Serious Accident Prevention and Response·Occupational Safety

"The BKL team’s strengths are Collaboration & Diversity with great expertise. The BKL-Dispute practice consists of many experts who know how to link each specialisation into a new one."

- The Legal 500 Asia Pacific

Overview

In 2015, BKL launched a dedicated Occupational Safety and Health Task Force Team, the first of its kind among big law firms in Korea, accumulating extensive experience and know-how from various projects. In August 2021, BKL expanded and elevated the task force team to a “serious accident response center” to provide clients with comprehensive legal services, including establishment of an occupational safety and health system, on-site response in case of serious accidents, response to related investigations and representation in litigation.

BKL’s Serious Accident Response Center adopts the system of a comprehensive situation room so that we can immediately dispatch an on-site response team to assist clients at the early stage of an accident and then work in coordination with the senior advisory group to manage the overall response strategies for investigations, administrative actions, surviving family members and the media. The center is equipped with an efficient collaborative system between professionals with extensive experience from various government agencies, including the Ministry of Employment and Labor, Prosecutor’s Office, police and Ministry of Environment, and professionals in various practice areas, such as criminal defense, HR and labor, construction, and environment.

Based on such deep experience and expertise on serious industrial accidents, BKL not only offers a dedicated team in case of an accident, tailored to a client’s needs to enable prompt response to investigations, but also provides legal advisory services for the establishment and improvement of an occupational safety and health management system, delivering “on-the-ground” solutions tailored to the needs of the relevant businesses.

Offering Comprehensive Legal Services Related to Serious Accidents and Occupational Safety Issues

BKL provides comprehensive advisory services for legal issues that may arise at sites of accidents, including the establishment and improvement of occupational safety and health management systems to prevent serious industrial accidents.

Our comprehensive services include legal advice on: (a) responding to investigations into serious accidents; (b) responding to administrative actions including labor inspection and work suspension orders; (c) settlement with, and compensation for, the affected parties (or their surviving family members); and (d) engaging with the media, as well as representation at the levels of the Ministry of Employment and Labor, police, prosecution, and courts. BKL possesses strong capabilities to execute work in every field.

Since the implementation of the Serious Accidents Punishment Act on January 27, 2022, BKL has worked on more than 200 projects for the establishment and improvement of occupational safety and health management systems, providing clients from various industries with customized solutions that consider business considerations.

We also support clients in multiple projects to check and improve their occupational safety and health management systems in hypothetical accident scenarios as well as projects involving simulated exercises for emergency preparedness. Our advisors with work experience at the Industrial Accident Prevention Instruction Division of the Ministry of Employment and Labor conduct compliance assessment and advise clients on improvement measures, from the perspective of investigative authorities.

Understanding of actual workplaces and extensive project experience

The area of occupational safety and health requires not only accurate interpretation of relevant laws including the Occupational Safety and Health Act and the Serious Accidents Punishment Act but also on-the-ground understanding of specific safety and health measures implemented in the workplace.

Drawing on its understanding of multiple industrial workplaces including manufacturing, construction, electricity, retail, food, pharmaceuticals and logistics and extensive experience in responding to accidents, BKL offers a dedicated team with professionals best suited for a client’s matter, delivering legal services that can minimize operational risk of businesses.
 

Key Services

Compliance matters related to serious accidents and industrial safety issues and mock inspection
Establishment and improvement of occupational safety and health systems in relation to the Serious Accidents Punishment Act
Assessment and improvement of occupational safety and health systems through exercises simulating hypothetical accident investigations and inspections
Review of internal regulations, policies, and systems related to occupational safety and health
Legislative consulting services for relevant laws and regulations
Response to serious accidents and industrial safety issues
Responding to law enforcement agencies and other government authorities in case of an accident, and responding to criminal proceedings

- Dispatch of on-site response team on the date of accident, and response to initial on-site investigations

- Response to investigations into related parties by the Ministry of Employment and Labor, police and prosecutors, with an attorney’s presence and representation

- Participation and representation in the procedures of search and seizure, forensics, and accident scene inspection

- Defense representation to prevent arrest warrants from being requested or granted

- Response to regular and special inspections by the Ministry of Employment and Labor

- Response to the Ministry of Employment and Labor for prompt lifting of work suspension orders

- Settlement with compensation for the affected parties (or their surviving family members), and response to civil proceedings

- Communication response with the media

Analysis of the causes for accidents and consulting on measures to prevent recurrence of similar accidents

Representative Cases

Represented Company A in responding to a fatal accident involving a worker at a construction site
Represented Company B in responding to a fatal accident involving a factory worker
Represented Retailer O in responding to a massive fire accident
Advice on compliance matters related to serious accidents and industrial safety issues
Advised clients in more than 200 projects on the establishment of their occupational safety and health management systems relating to the Serious Accident Punishment Act
Advised major manufacturers on assessment and improvement of compliance with requirements relating to serious accidents
Advised major construction companies on assessment and improvement of compliance with requirements relating to serious accidents
Advised major electricity and energy companies on assessment and improvement of compliance with requirements relating to serious accidents
Advised major retail and food companies on assessment and improvement of compliance with requirements relating to serious accidents
Advised major pharmaceutical and medical device companies on assessment and improvement of compliance with requirements relating to serious accidents
Advised major logistics/maritime transport/shipbuilding companies on assessment and improvement of compliance with requirements relating to serious accidents
Advised major companies on various mock inspections
Advised clients on training for employees and OSH departments on the Serious Accidents Punishment Act
Response to serious accidents and industrial safety issues
Represented Company A in responding to a fatal accident involving a worker at a construction site
Represented Company B in responding to a fatal accident involving a factory worker
Represented Company C in responding to a fatal accident involving a worker at a redevelopment construction site
Represented Company D in responding to a chemical leakage accident
Represented Company E in responding to an elevator fall accident
Represented Company F in responding to a fire accident at its logistics center
Represented Company G in responding to a fall accident involving a construction worker
Represented Company H in responding to a fatal crushing accident involving a worker
Represented Electronics Company I in responding to CO2 leakage accident at one of its campuses
Represented Shipbuilder J in responding to an explosion accident
Represented Shipyard K in responding to a crane collapse accident
Represented Retailer L in responding to a fatal worker accident
Represented Construction company M in responding to an oil tank explosion accident
Represented Construction company N in responding to an asphyxiation accident at water pipes
Represented Retailer O in responding to a massive fire accident
Represented construction companies and manufacturers in responding to fatal accidents (types of which include fire, explosion, crush, fall, and electrocution)