Not-Guilty Verdict in Criminal Case Involving Violations of the Industrial Safety and Health Act Related to Fatal Construction Accident

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.