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
- 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