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Lee & Ko represented SK Multi Utility Co., Ltd. (a power generation subsidiary of SK Chemicals), together with its Chief Executive Officer and Plant Manager, in a criminal prosecution alleging violations of the Serious Accidents Punishment Act (“SAPA”) and the Occupational Safety and Health Act (“OSHA”) arising from a fatal accident at a coal unloading facility involving an employee of a contractor. Following a full acquittal at first instance, Lee & Ko secured dismissal of the prosecution’s appeal, and the appellate court affirmed the acquittal in full.

On December 20, 2022, at a coal unloading facility of Company A, a dump truck loaded with coal overturned during the unloading process when the driver, employed by a transportation company, raised the truck bed without opening the rear gate. A contractor employee who was present at the site was crushed by the coal and the vehicle and died.

The appellate court held that a causal link could not be established between the fatal accident and the alleged breaches, including an alleged failure to protect workers from falling-object hazards and an alleged failure to establish an adequate safety and health management system under SAPA. The court further reasoned that, where the accident was clearly attributable to the driver’s operational error, imposing criminal liability on management solely by reason of the occurrence of the harmful result would be unwarranted, underscoring that SAPA does not impose strict result-based liability.

In circumstances where there were no settled judicial principles on causation under SAPA, Lee & Ko conducted a detailed analysis of the accident mechanism and surrounding facts, and presented a reasoned case that criminal liability requires proof of causation between any breach of statutory safety and health obligations and the fatal outcome.

This judgment is expected to serve as an important reference point in assessing causation in ongoing SAPA prosecutions and in future cases arising from fatal industrial accidents.

Lee & Ko successfully defended Company A, a major corporate group affiliate, in a case involving the death of a subcontractor’s worker at a coal unloading facility. On March 6, 2025, the court rendered a not guilty verdict for all defendants – Company A, its CEO, and the plant manager – who had been indicted for violations of the Serious Accidents Punishment Act and the Occupational Safety and Health Act.

This marks the first acquittal in a Serious Accidents Punishment Act case involving a major corporate group.

On December 20, 2022, at the coal unloading facility operated by Company A, a dump truck loaded with coal overturned while unloading. The truck, which belonged to a transportation subcontractor, was raised without opening the rear gate of the bed, causing it to tip over. As a result, a worker from another subcontractor who was present at the scene was crushed by the coal and the vehicle and tragically lost his life.

The court held that there was no causal relationship between the fatal accident and any breach of the duty to protect workers from falling object hazards or the alleged failure to establish a safety and health management system under the Serious Accidents Punishment Act. The judgment clarified that the Serious Accidents Punishment Act does not intend to impose strict liability on business owners or management-level personnel. It emphasized that, where the accident clearly resulted from the operational error of the dump truck driver, it would be unjust to impose excessive criminal liability on the Company’s CEO or management.

In the absence of established case law regarding causation under the Serious Accidents Punishment Act at the time, Lee & Ko conducted a thorough analysis of the cause of the accident and objectively demonstrated how the incident occurred. By persuasively arguing that a causal link between a breach of occupational safety and health obligations and the resulting accident is essential, Lee & Ko secured a not guilty verdict.

This decision is expected to serve as a key precedent for determining causation in ongoing and future cases involving workplace fatalities under the Serious Accidents Punishment Act.
 

Lee & Ko successfully defended C Company, a leading domestic construction contractor, and its employees in a criminal case concerning violations of the Industrial Safety and Health Act and charges of occupational negligence resulting in death and injury. The case arose from an industrial accident at a logistics warehouse construction site, where a structural collapse led to the deaths of three subcontractor workers and injuries to two others. The court rendered a complete acquittal for all defendants.

In this case, the Ministry of Land, Infrastructure, and Transport’s accident investigation report criticized C Company for management lapses but failed to identify any evidence of substandard construction deviating from the project plan. Additionally, co-defendants employed by subcontractors alleged during the investigation phase that they had "no choice but to use improper methods under the main contractor's instructions," attempting to shift responsibility. These claims created significant challenges during the trial, requiring Lee & Ko to expose flaws in the accident investigation report and counter arguments presented by both the prosecution and the subcontractor's defense team.

Lee & Ko meticulously analyzed the extensive evidence, consisting of over 4,300 pages of records, and successfully argued:
     1. There was no evidence that C Company had instructed the subcontractor to use improper construction methods.
     2. The subcontractor had unilaterally altered the construction methods and sequence without consulting the main contractor, motivated by cost-cutting measures.

A key aspect of Lee & Ko’s defense strategy included the production of a detailed video illustrating the complex construction methods used at the site, aiding the court’s understanding. Additionally, the firm conducted 14 rounds of cross-examinations to demonstrate the unreasonableness of the prosecution’s and co-defendants' claims.

This case stands out as a landmark ruling, rejecting the findings of the Ministry of Land, Infrastructure, and Transport’s investigation report and refuting the co-defendants’ assertions. It highlights Lee & Ko’s unwavering expertise and commitment to securing justice for its clients.