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Practice Area|Criminal Defense

Industrial Accidents & Safety Center

Jipyong’s Occupational Safety & Serious Accidents Team, which was launched in February 2021, has expanded and has been reorganized, thereby changing its name to the Serious Accidents Response Center in June 2022, after Mr. Jung Sik Park and Mr. Sang Ho Yoon, who are veteran prosecutors with extensive experience in cases related to industrial safety, joined the team. 

Jipyong’s Serious Accidents Response Center is comprised of nearly 30 professionals with vast experience in advising on the prevention of serious accidents and occupational safety and representing clients in cases related to serious accidents and occupational safety.
 
The Center is directly overseen by Mr. Ji Hyung Kim, a former justice of the Supreme Court of Korea, Mr. Jung Sik Park, a former chief prosecutor at the Seoul High Prosecutors’ Office, and Mr. Yang Young Tae, the managing partner of Jipyong. It should be noted that Mr. Ji Hyung Kim formerly served as the chairperson of the Samsung Electronics Mediation Committee for Solution of Work-Related Diseases in its Semiconductor Factory, the Fact-Finding Committee on the Guui Station Accident, the Special Labor Safety Investigation Committee for Coal-Fired Power Plants For Truth of Yong Gyun Kim’s Death and Prevention of Recurrence, and the Hyundai Steel Safety, Health and Environment Advisory Committee. He has been acknowledged as an authoritative figure in Korea on the investigation into the cause of safety & health accidents and prevention and response measures for the accidents.

The Center is led by Mr. Jung Sik Park (a former chief prosecutor at the Seoul High Prosecutors’ Office), Mr. Ja Sung Oh (a former chief prosecutor at the Public Security Department), Mr. Sang Ho Yoon (a former chief prosecutor at Public Security Department), Mr. Chang Young Kwon (a former legal advisor at Ministry of Employment and Labor & a former presiding judge), Mr. Jeong Hoon Lee (a former presiding judge), and Mr. Tae Hee Kim (a former team leader in compliance management & administration at Hyundai E&C). Above all, the participation and performance of young-generation attorneys, who have graduated from Korean law schools, notably stand out at the Center, including Mr. Chang Wook Min (the head of Compliance Group at Jipyong’s ESG Center), Mr. Young Hwan Kwon, and Mr. Dong Hyun Kim, together reinforced with experts from the police agency, namely, Mr. Chi Heon Kim (a former attorney at Ministry of Employment and Labor and a former inspector at the Korean National Police Agency), Mr. Sun Kuk Kim (a graduate of the Korean National Police University), and Mr. Kye Kwan Wi (a graduate of the Korean National Police University).

The members of the Center have demonstrated a breadth and depth of their capabilities in the interpretation of the Serious Accidents Punishment Act and the Occupational Safety and Health Act through various publications and dissertations, including the co-authored “Online Commentary on the Occupational Safety and Health Act” (LAWnB), “Criminal Liability Arising from Serious Accidents that You Should Know” (JoongAng Economy), “Employer’s Liability and Personal Liability for Industrial Accidents” (Labor Law Research Society, Seoul National University), etc. 

Mr. Jung Sik Park, during his tenure as a prosecutor, handled and conducted cases requiring special investigations and oversaw the investigation of special cases including financial, economic, and corruption cases. With respect to industrial accidents, he investigated the gas explosion incident at the Daegu subway construction area during his service at the Daegu District Prosecutors’ Office and investigated a factory explosion. He published an occupational safety investigation manual when serving as the chief prosecutor at the Ulsan District Prosecutors’ Office, all of which show that he is a well-versed professional with abundant experience in on-site investigations and theories in serious accidents.

He was also honored with commendation awards from the Minister of Justice and the Prosecutor General, and the order of service merit (yellow stripes) from the Korean government for his excellent public service.

Mr. Sang Ho Yoon, during his tenure as a chief prosecutor, co-authored investigation manuals, including “Investigation Practices for Industrial Safety (Ulsan District Prosecutors’ Office)” and “Understanding and Responding to the Serious Accidents Punishment Act (Pakyoungsa)”, etc. He has unrivaled experience in investigations and theories in the fields of serious accidents, industrial safety, and labor.
 
Mr. Chang Young Kwon is one of the professionals, who led discussions on legal principles related to Korea’s domestic occupational safety and health by participating in the enactment of the Serious Accidents Punishment Act as a chairperson of the Serious Disaster Advisory Committee at the Supreme Prosecutors’ Office and a legal advisor at the Ministry of Employment and Labor, and writing “Annotation for Labor Standards Act (Pakyoungsa)”.
 
Jipyong’s Serious Accidents Response Center provides comprehensive legal services spanning from consulting services on the prevention of serious accidents to services on response measures after the occurrence of serious accidents, investigations, and litigations.

[Scope and Characteristics of Legal Services]

The Serious Accidents Punishment Act requires executives of a company to establish a safety and health management system covering the organization (i.e., workforce), budget, and process (management measures). Jipyong’s Serious Accidents Response Center offers specific and professional legal advice specially dedicated and catered to the characteristics of each company to help build a compliance system for preventing serious accidents.
In addition, the Center provides exceptional legal services as per the Serious Accidents Punishment Act to aid executives involved in criminal cases in which they have made sufficient efforts to fulfill their obligations without any intention of violating the law.

Key Practice Areas Close

    At the phase of accident prevention: Monitoring the degree of establishment of the safety and health management system and maintaining the compliance system

    • Deducing the standards for legal obligations applicable to the company
    • Diagnosing the current safety and health management system of the company
    • Proposing the policy-, organization- (or its workforce), and process-centered improvement plans for the prevention of serious accidents
    • Monitoring and inspecting the implementation status of the improvement plans
    • Promoting education, training, etc., to execute the improvement plans
    • Promoting the establishment and revision of manuals and procedures for the prevention of serious accidents
    • Providing consultation on inquiries about serious accidents and industrial safety at the operational sites of the company

    At the phase of accident response: Taking response measures to minimize losses suffered by the company upon occurrence of the serious accidents
    • Responding to on-site investigations at the accident site conducted by the Ministry of Employment and Labor
    • Responding to investigation procedures against the executives, etc., upon the occurrence of the serious accident, conducted by the Ministry of Employment and Labor, the police, and the prosecution
    • Communicating with relevant stakeholders, such as victims or their families, and representing the company in settlement procedures
    • Responding to administrative proceedings, such as cancellation of the order for suspension of business operations
    • Responding to court proceedings against the executives, etc.
    • Representing the company in civil cases, including claims for compensatory damages against the company

Experience Close

    Cases on Legal Advisory and Consultations

    • Advised Manufacturing and Distributing Company “K” on the establishment of a system for preventing serious civil accidents
      : Including stores for product sales and nationwide distribution centers
    • Advised Group “L” on the prevention systems for serious accidents and management of chemical substances regarding its industrial complex
      : Including affiliate management and serious civil accidents
    • Advised Manufacturing Company “C” on the compliance with the Serious Accidents Punishment Act
      : Including the risk of manufacturing plants and logistics/unloading operations
    • Advised Group “H” on the compliance with the Serious Accidents Punishment Act
      : Including management of holding companies and its affiliates (manufacturing factories and distribution centers)
    • Advised Shipping Company “H” on the compliance with the Serious Accidents Punishment Act and the Occupational Safety and Health Act
    • Advised Manufacturing Company “H” on the compliance with the Serious Accidents Punishment Act
    • Advised Manufacturing Company “K” on the establishment of a safety and health management system under the Serious Accidents Punishment Act
    • Advised Stock Exchange “H” on the issues and countermeasures regarding serious civil accidents
    • Advised Steel Company “H” on the establishment of safety and health policies
    • Advised Manufacturing Company “H” on the establishment of industrial safety policies and prevention of serious accidents
    • Advised Food Company “H” on industrial safety
    • Advised a power generation company on industrial safety
    • Advised an economic organization on the determination of punishment for violations of the Occupational Safety and Health Act
    • Advised Entertainment Company “S” on industrial safety
    • Advised Manufacturer “H” on the establishment of a safety and health management system in the construction industry
    • Advised Construction Company “H” on the application of the Serious Accidents Punishment Act
    • Advised Motor Company “H” on industrial safety
    • Advised Gas Company “S” on industrial safety
    • Advised Logistics Company “C” on industrial safety
    • Advised an affiliate of Electronics Company “L” on industrial safety
    • Provided consulting services for numerous groups and companies on ESG and compliance matters

    Cases on Legal Representations of Investigations and Litigations
    • Represented Manufacturing Company “P” in the investigation into the company under the Serious Accidents Punishment Act
    • Represented Construction Company “S” in the investigation into the company under the Serious Accidents Punishment Act
    • Represented Shipping Company “K” in the investigation into the company under the Serious Accidents Punishment Act
    • Represented Group “S” in the administrative investigation into the company under the Occupational Safety and Health Act
    • Represented Power Generation Company “N” in the investigation into the company on the serious accident
    • Represented Shipping Company “D” in the investigation into the company on the serious accident
    • Represented Food Company “H” in the investigation into the company on the serious accident
    • Represented Manufacturing Company “N” in the investigation and the civil case against the company on the serious accident
    • Represented Manufacturing Company “H” in the investigation into the company on the serious accident
    • Represented Logistics Company “H” in the investigation into the company on the serious accident (fire)
    • Represented Construction Company “S” in the investigation into the company on the serious accident
    • Represented Plant Construction Company “H” in the investigation and the case raised against the company on the serious accident
    • Represented numerous companies including Liquor Company “H” and Food Company “M” in the cases raised against them
    • Defense against a trial related to severe accidents in the electric power company
    • Represented Chemical Company “H” in the investigation into the company on the serious accident
    • Responded to various cases, related to serious accidents against Construction Company “H”, Construction Company “D”, Manufacturing Company “A”, etc.