[Choi Seok-jin's Law & Biz] The Blue Ocean of the Serious Accidents Punishment Act for Law Firms

Major domestic law firms have formed dedicated organizations to respond swiftly around the implementation of the Serious Accidents Punishment Act. It is even called a 'blue ocean' for law firms.

While some have expanded their existing industrial accident teams, many have established entirely new centers or headquarters. These dedicated organizations mainly consist of former judges, prosecutors, police officers, and lawyers with backgrounds in the Ministry of Employment and Labor.

Kim & Chang Law Office operates a Serious Accident Response Group with about 150 members centered around the EHS (Environment, Health & Safety) team, including labor criminal teams, construction teams, and HR teams. Regarding one of the most fiercely contested issues in interpreting the Act?the recognition of the Chief Safety Officer (CSO) as a management executive?there is a precedent where the CSO, not the CEO, was recognized as the management executive for the first time.

Kwangjang, operating an Industrial Safety and Serious Accident Team composed of about 60 experts in criminal, labor, environmental, and construction fields, provides a one-stop service from consultation to investigation response and criminal trials, and is representing the Korea Federation of Small and Medium Business in a constitutional complaint case.

Taepyungyang’s Serious Accident Response Headquarters was the first to introduce and operate a 'Comprehensive Situation Room' system running 24/7, 365 days a year. It is subdivided into an on-site response team of about 50 criminal and HR experts, an investigation response team composed of former prosecutors and police officers, and a litigation response team made up of former judges.

Yulchon, which established the Serious Accident Center in 2021 before the law’s enforcement, secured the first acquittal ruling related to the fulfillment of obligations under the Act. It has rich experience with 140 investigation responses and consultations, and the center is led by Kim Kyung-soo, a former head of the Supreme Prosecutors’ Office’s Criminal Investigation Department.

Sejong operates a Serious Accident Response Center composed of about 70 experts in industrial safety, construction, environment, and chemical substances, along with a 'Serious Accident Emergency Response Team' staffed by lawyers with experience in the Ministry of Employment and Labor, prosecution, and police, providing 24-hour response.

HwaWoo runs a Serious Accident Punishment Act Response TF composed of the HwaWoo Labor Group, Criminal Response Group, and Construction and Corporate Advisory Group. They secured non-prosecution decisions from the prosecution in the CJ Logistics case and the Korea Railroad Corporation case, and confirmed acquittal in the NongHyup Networks case. In October 2022, they also filed a constitutional review petition to the Constitutional Court regarding the first indictment case under the Act, the Doosung Industrial case.

YK expanded its organization in February last year from a single center led by lawyer Join Seon to a five-person joint center leadership system including former deputy prosecutors Jeong Gyu-young and Kim Do-hyung, and former chief prosecutors Han Sang-jin and Lee Jin-ho, to respond to the expanded application to workplaces with fewer than 50 employees. They actively utilize 32 directly managed branch offices nationwide to respond swiftly to cases occurring outside Seoul.

Jipyung expanded and reorganized its existing Industrial Safety and Serious Accident Team into a Serious Accident Response Center in June 2022, following the recruitment of Park Jung-sik, a former high prosecutor with extensive industrial safety investigation experience, and Yoon Sang-ho, a former public security chief prosecutor. In February this year, they secured acquittal rulings for the corporation and CEO in a serious accident case that occurred during elevator installation work on a shipyard tower crane.

Daeryun’s Industrial Safety and Serious Accident Group includes former presiding judge Shin Min-soo, who has experience in labor and violent crime divisions, former Seoul Central District Prosecutor Cho Young-gon, who has advised on the CJ Logistics serious accident case, and former chief prosecutor Yoon Seok-joo, who specialized in construction and safety accidents.

Barun expanded its existing Serious Accident Punishment Act Response Special Team into a Serious Accident Response Center in February 2022. It includes former chief prosecutor Lee Sang-jin, former deputy chief prosecutor Park Sung-geun, lawyer Park Sung-ho, a former presiding judge of the Ulsan District Court’s criminal division where the first dedicated industrial (safety) accident court was established nationwide, and lawyer Park Hyun-joong, a former police officer who served as the first serious accident specialist at the National Investigation Headquarters. In October last year, they filed a constitutional complaint with the Constitutional Court, which is currently under review by the full bench.

Daeryuk Aju’s Serious Accident Response Group is led directly by representative lawyer Lee Kyu-cheol. About 50 members are active, including former deputy chief prosecutor Cha Dong-eon, a former advisor to the Seoul Safety Advisory Committee, former high prosecutor Oh In-seo, former head of the Supreme Prosecutors’ Office Public Security Department, and former judge Jo Yong-gi. They defended the mayor of Seongnam City, who was booked on charges of violating the Serious Accidents Punishment Act (citizen accident homicide) in the collapse of Jeongja Bridge in Seongnam City, resulting in a non-prosecution decision.

These law firms are closely watching the Constitutional Court’s decision on the current constitutional review case. Since the court’s ruling on unconstitutionality could significantly affect the investigation and trial responses in the cases they are currently handling, they are monitoring the court’s judgment while also reviewing other provisions of the Serious Accidents Punishment Act that were not subject to this review.