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If You Need Assistance from a Labor Law Specialist, Read This Carefully
1. In Labor Disputes, a Single Misstep Can Alter the Course of Your Life Labor disputes are not merely “disagreements with an employer.” An unjust dismissal or excessive disciplinary action can lead to permanent career disruption. Unpaid wages may escalate into criminal complaints or civil litigation. In cases involving serious industrial accidents, business owners or executive officers may face criminal liability under the Serious Accidents Punishment Act (Article 2, Paragraph 9 of the Act on Punishment of Serious Accidents, etc.). In particular, labor disputes cannot be resolved by reviewing the Labor Standards Act alone. Multiple statutes operate simultaneously, including the Trade Union and Labor Relations Adjustment Act, the Occupational Safety and Health Act, and the Serious Accidents Punishment Act. Depending on the initial response strategy, administrative sanctions, criminal liability, and civil damages risks can compound rapidly. The most dangerous decision at this stage is thinking, “I’ll try to handle this on my own.” The anxiety and pressure you are feeling right now are not excessive. Once the direction of a labor dispute is set incorrectly, it is extremely difficult to reverse—and the consequences are far heavier than most expect. This is why early involvement of a labor law specialist is often the decisive starting point. 2. If Any of the Following Apply, You Are Already in the Middle of a Labor Dispute Labor disputes do not occur only in exceptional cases. If any of the situations below apply to you, your circumstances are likely already subject to legal evaluation. You have received notice of unfair dismissal or disciplinary action, or you are being pressured to resign Wages, severance pay, or overtime/night/holiday pay have not been properly paid You are facing issues related to workplace harassment or sexual harassment, or an internal investigation is imminent You are classified as a freelancer or platform worker and are denied protection under the Labor Standards Act due to the contract structure Liability issues have arisen following an industrial accident You have received notice from the Ministry of Employment and Labor (local labor office or branch) regarding a complaint investigation, labor inspection, or criminal case initiation Although these cases may appear similar on the surface, the applicable laws and standards of proof differ significantly. Missing the right timing or choosing the wrong strategy can leave adverse records, which may hinder you throughout all subsequent proceedings. At this stage, the role of a labor law specialist is not merely that of a representative, but rather a coordinator who determines how far legal risk can be controlled. 3. Common and Critical Mistakes Repeated in Labor Disputes This section addresses recurring errors frequently seen in practice. Typical examples include responding emotionally and leaving legally disadvantageous messages through texts or messaging apps, or filing complaints before labor authorities without adequately organizing facts and evidence. Another frequent mistake is choosing the wrong order among criminal, administrative, and civil procedures, thereby narrowing one’s own legal position. These errors may seem minor, but they can lead to irreversible consequences. This is precisely why early involvement of a labor law specialist is essential. 4. How Decent Law Firm Provides Support – Controlling Labor Risk Decent Law Firm does not approach labor cases as isolated disputes. We structure evidence with investigations and litigation in mind, and design the overall case flow through procedural risk analysis at each stage. In particular, cases are led by Attorney Junhyung Park, who is also a Certified Labor Attorney, with extensive experience in both major law firm labor teams and labor consulting firms. This ensures a consistent and integrated approach where legal and labor issues are not treated separately. Drawing on experience representing both employers and employees, we provide realistic options tailored to each case, while managing complex risk factors linked to labor management, accounting, and industrial accident matters. Our goal is not to offer abstract explanations, but to deliver response strategies that lead to tangible results for clients facing anxiety and pressure due to labor issues. Labor disputes can escalate into irreversible burdens the moment the initial direction is misjudged. For this reason, professional control from the very beginning is essential. Decent Law Firm is committed to providing tailored, controllable solutions—focused not on inflaming disputes, but on managing them strategically for each client’s specific situation.
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Major Industrial Accident Liability: Legal Risks Companies Must Rigorously Assess
What Is a Serious Industrial Accident? A “serious industrial accident” is premised on an industrial accident as defined under Article 2(1) of the Occupational Safety and Health Act. Accordingly, an incident that does not qualify as an industrial accident under that Act cannot be recognized as a serious industrial accident under the Serious Accidents Punishment Act. The Serious Accidents Punishment Act applies only when specific statutory requirements are met. The representative criteria are as follows: One or more fatalities; Two or more persons injured in the same accident who require medical treatment for at least six months; or Three or more persons diagnosed within one year with occupational diseases prescribed by Presidential Decree, such as acute poisoning caused by the same hazardous factor. An important point to note is that the victims are not required to be “employees” in the strict sense. The Act covers all “workers” who provide labor, regardless of the contractual form, including subcontracting, outsourcing, or consignment arrangements. In practice, accidents that frequently give rise to issues include falls, crushing or entrapment accidents, collapses, and overturning incidents. Even if an accident appears to be a simple safety incident on its face, it may still be classified as a serious industrial accident if the statutory requirements are satisfied. While not every accident constitutes a serious industrial accident, the assumption that “this level of accident will be fine” can itself lead to significant legal risk. Key Risk Areas for Companies and Executive Management One of the most common misconceptions in serious industrial accident cases is the belief that liability ends at the level of on-site managers. In reality, investigations and trials focus on whether the business owner or executive management fulfilled their obligations to ensure safety and health under Articles 4 or 5 of the Serious Accidents Punishment Act. A particularly critical issue is the effectiveness of the safety management system. Even where safety manuals and internal regulations formally exist, failure to ensure that they function in practice can be evaluated as an adverse factor. If a safety and health management system exists only on paper, or if training and inspections are conducted in a merely formal or perfunctory manner, this may be deemed a failure to fulfill the statutory duty to secure safety and health under Article 4. In such cases, the existence of documentation alone can actually serve as unfavorable evidence demonstrating non-compliance. Where a business owner or executive management violates Articles 4 or 5 and causes a serious industrial accident resulting in one or more deaths, they may be subject to imprisonment for at least one year or a fine of up to KRW 1 billion, or both. In addition, the corporation or institution itself may be fined up to KRW 5 billion (Articles 6 and 7 of the Serious Accidents Punishment Act). Mandatory Actions Immediately After an Accident Occurs In serious industrial accident cases, the company’s response in the immediate aftermath often determines the outcome. Key considerations include: Organizing internal reporting and statement procedures; Separating internal investigations from external criminal investigations; Managing employee statements appropriately; Exercising caution when responding to the media, the Ministry of Employment and Labor, and the police. When a serious industrial accident occurs, the business owner must immediately suspend the relevant work, evacuate workers from the site, and take all necessary measures to ensure safety and health. In addition, the occurrence of the accident must be reported without delay to the Minister of Employment and Labor. Whether these initial measures were appropriate is a key factor in determining, during subsequent investigations and trials, whether executive management fulfilled their duty to secure safety and health. In practice, decisions made during the first few hours often shape the entire course of the investigation. It is essential to recognize that well-intentioned but ill-considered actions can, in some cases, increase legal liability rather than mitigate it. Decent Law Firm’s Support – Post-Incident Response and Preventive Measures Decent Law Firm does not limit its role in serious industrial accident cases to post-incident criminal defense. Our support includes: Criminal investigation 대응 and defense against criminal liability; Review and diagnosis of safety management systems and legal risk exposure; Development, revision, and verification of implementation of manuals, training programs, and internal regulations; Advisory services aimed at preventing the recurrence of similar accidents. The core of serious industrial accident 대응 lies not in one-time defensive measures, but in building a structure that can prevent recurrence. Even after an incident, Decent focuses on establishing sustainable compliance frameworks that meaningfully reduce the company’s long-term legal and operational burden. Before it is too late, we encourage you to seek assistance from experienced professionals.
