D&A LLC successfully represented an electric power corporation (“Client”) in a criminal investigation into a fatal electrocution accident involving alleged violations of the Serious Accidents Punishment Act (“SAPA”) and the Occupational Safety and Health Act (“OSHA”). On August 6, 2022, while performing electric power distribution work in Illsandong-gu, Goyang-si, a worker of the Client’s subcontractor received an electric shock and died.

The key issues in this case included whether the Client qualified as a project owner, whether the Client exercised actual control and management over the workplace, whether the Client intended breach its statutory duties, and whether a causal relationship existed between the Client’s actions and the accident. Representing the Client, we argued that the Client should be deemed a project owner in light of its lack of qualification to perform construction activities. As a result, we ultimately secured a non-indictment decision for the alleged violations of the SAPA and the OSHA.

This case is significant in that it reaffirms the standards for determining “project owner” status. The Client was recognized as a project owner that did not engage in the supervision and management of the project’s implementation, taking into account its lack of construction qualifications and expertise, its non-involvement in detailed work schedules and methods, and the responsibilities allocated to the site supervisor.