EXPERTISE - D&A LLC

D&A LLC launched the Serious Accidents Practice Group in response to the heightened legal risks faced by corporate executives following the enactment of the Serious Accidents Punishment Act on January 27, 2022. The Group provides a comprehensive range of legal services, including representation in serious accident investigations, the SAPA Compliance Certification (SCC) program, and on-site risk inspection and consulting services.

1. Overview of the Serious Accidents Practice Group

The Serious Accidents Practice Group, led by Partner Dong Eon CHA, comprises more than 50 specialists with extensive expertise in the Occupational Safety and Health Act (“OSHA”) and the Serious Accidents Punishment Act (“SAPA”), including professionals with backgrounds in the prosecution, the police, and the Ministry of Employment and Labor. The Group works closely with the Korean Industrial Health Association, a certified safety inspection organization, and Professor Jin Woo JUNG, a leading authority in the field of serious accidents, to deliver services of a high level of quality and reliability.

The Group operates a dedicated team focusing on representation in serious accident investigations. Key members include Partners Dong Eon CHA, In Seo OH, Gyu Jong SONG, and Dhong Joo KIM, all former prosecutors who served in the Public Security Department (now remained as the National Security Department) of the Prosecutors’ Office; Partners Ki Ju TAG, Mi Ha IM, and Seung Jae MOON, all former police officers; and Partner Bo Hoon KIM and Senior Advisor Tae Hyeon KIM, both former officials of the Ministry of Employment and Labor. The team has successfully represented a number of clients in serious accident investigations, providing timely and effective strategic advice throughout the investigative process.

The Group also operates the SAPA Compliance Certification (SCC) program, the first of its kind operated by a law firm, which certifies compliance with SAPA and assists businesses in establishing SAPA-compliant workplace safety and health systems. To date, the program has been completed for a number of corporations and local governments, including Hyosung Heavy Industries, Hyundai Steel, POSCO Group, and Korea Hydro & Nuclear Power Co., Ltd.

In addition, the Group operates an on-site risk inspection team composed of experts in relevant fields, including former occupational safety inspectors from the Ministry of Employment and Labor and safety engineering specialists. This team provides on-site risk inspection and consulting services tailored to the specific needs of clients.

Furthermore, leveraging its extensive network, the Group actively communicates and exchanges across related fields by hosting various seminars and training programs, including the SAFE with Us! Forum on Industrial Safety for the Prevention of Serious Accidents, co-hosted with the Herald Business.

2. Representation in Serious Accident Investigations

Since the enforcement of the SAPA on January 27, 2022, approximately 1,000 serious accidents have occurred. However, as of January 2026, only about 100 cases have been indicted following the completion of investigations by the prosecution, while the majority of cases remain under investigation. This demonstrates that, unlike general criminal cases, serious accident cases typically involve lengthy investigative processes. Therefore, it is essential to adopt a timely, strategic, and efficient approach throughout the investigative stage. Moreover, as the government continues to strengthen its investigative capacity for serious accidents by establishing 20 dedicated investigative teams at metropolitan and provincial police agencies nationwide and planning to increase the number of labor inspectors to 4,900 over the next three years, the importance of a strategic response will continue to grow.

In the event of a serious accident, a corporation may be subject to investigations by multiple authorities, including the prosecution, the police, and the Ministry of Employment and Labor, either concurrently or sequentially. In such cases, the manner in which the corporation responds at the initial stage of the investigation can significantly affect the direction and ultimate outcome of the investigation. In particular, under the SAPA, the determination of liability focuses not only on the consequences of the accident, but also on whether a managing officer has fulfilled the statutory obligation to secure safety and health. Therefore, merely explaining the factual backgrounds of an accident and offering post hoc explanations is insufficient to effectively defend against criminal liability.

D&A LLC’s serious accident team provides end-to-end legal support by managing the entire process from the immediate response following a serious accident through every stage of the investigation. In particular, the team brings together attorneys with prior service in the prosecution’s National Security Department, the police, and the Ministry of Employment and Labor, together with technical and industry experts, to conduct a thorough analysis of both technical and administrative root causes, as well as a comprehensive review of the circumstances of the accident and the operational status of the safety and health management system. Based on these findings, the team proactively identifies and addresses key issues of each case.

In addition, we develop and deliver tailored solutions based on the legal status and role of on-site managers, responsible personnel, and managing officers throughout the entire investigation process, including initial investigations, search and seizure procedures, and examinations of relevant parties, with the goal of minimizing additional legal risks that may arise during the investigation. Drawing on these proactive and integrated approaches, we have successfully resolved multiple serious accident cases at the investigation stage.

Successful Representations in Serious Accidents Investigations

3. SAPA Compliance Certification (SCC)

While the OSHA is designed to penalize violations of specific safety measures, the SAPA is structured to impose penalties for systemic failures in corporate management. In other words, under the SAPA, legal liability is determined not by mere formal compliance with individual provisions, but by whether a safety and health compliance system led by a managing officer is properly established and effectively operated across the organization as a whole.

D&A LLC’s SAPA Compliance Certification (SCC) program is designed to comprehensively develop and evaluate a corporate safety and health management system from a compliance perspective, taking into account the legal framework of the SAPA. With a specific focus on the SAPA, the SCC program assesses the roles and responsibilities of managing officers, reporting and approval structures, budget allocation and implementation mechanisms, and whether risk identification and corrective action procedures are effectively implemented and operating in practice.

During the SCC program, our attorneys and on-site safety and health experts work jointly to review how the statutory safety and health obligations are implemented through the following stages: (i) regulations; (ii) instructions; (iii) education; and (iv) on-site operations. This review not only verifies the formal establishment of a safety and health management system, but also evaluates whether such obligations are effectively fulfilled in practice and provides recommendations for remedial measures.

A safety and health compliance system established through the SCC can serve as a preventive measure for serious accidents, while also functioning as objective evidence demonstrating that a managing officer has fulfilled his or her duty of care, which is a key factor that investigative authorities and courts primarily examine. Therefore, the SCC can have a significant impact on the determination of criminal liability and sentencing in a serious accident case.

As of December 2025, more than 250 companies, including POSCO Group, Hyosung Heavy Industries, and Korea Hydro & Nuclear Power Co., Ltd., have participated in the SCC program. For the most up-to-date information on the SCC program, please refer to the link below.

Current Status of SAPA Compliance Certification (SCC) Program

4. On-Site Risk Inspection

On-site inspections are carried out to proactively identify potential hazards and risk factors at workplaces, conduct quantitative and qualitative assessments of the severity of these risks, and formulate and implement effective measures to mitigate them.

The establishment and effective implementation of a safety and health management system to prevent serious accidents is not merely about complying with the standards set forth in relevant laws and regulations or eliminating known risk factors. More importantly, it involves proactively identifying non-routine and potential hazards and risk factors that may arise from work processes, equipment, work methods, and workplace characteristics, and taking appropriate corrective measures to effectively prevent accidents. As a result, such a system constitutes a core management function aimed at protecting the lives and physical safety of workers and citizens while ensuring sustainable corporate management.

D&A LLC’s on-site risk inspection team is composed of experienced professionals in relevant fields, including former occupational safety inspectors from the Ministry of Employment and Labor and specialists in safety engineering. The team provides tailored and specialized inspection services to support our clients in effectively implementing necessary safety and health measures at their workplaces.

5. External Collaboration and Training Support

Since its inauguration, the current Korean government has declared a war on serious accidents and positioned accident prevention as one of its key national agendas. Its policy approaches go beyond merely strengthening the enforcement of existing laws to actively pursue the introduction of a penalty surcharge system, the incorporation of serious accident risks into credit assessments, and the establishment of requirements to specify grounds for the dismissal of heads of public institutions. In line with the government’s policy stance, the National Assembly is also advancing related legislative initiatives. Accordingly, the policy environment surrounding the occupational safety and health legal framework is now evolving at an unprecedented pace.

To proactively respond to these policy changes, we organize and host forums and seminars, including the SAFE with US! Forum on Occupational Safety for the Prevention of Serious Accidents and seminars addressing response strategies to the SAPA. Through these initiatives, we provide a platform for leading experts from the Nation Assembly and the government to exchange their views on the evolving occupational safety and health environment and discuss the direction of government policy.

In particular, the monthly SAFE with US! Forum on Occupational Safety for the Prevention of Serious Accidents serves as a bridge between policymakers and industry practitioners. The forum invites lawmakers from both the ruling and opposition parties and senior officials from the Ministry of Employment and Labor to share insights into forthcoming legislation and the government’s policy stance, while conveying on-the-ground perspectives from the field.

In addition, we continue to provide lectures and training programs on the SAPA and OSHA to a broad range of local governments, public institutions, and private-sector workplaces. These programs do not merely explain relevant laws and regulations or introduce applicable legal frameworks. Rather, they offer practical and immediately applicable solutions grounded in actual accident cases, judicial precedents, and the practical realities of investigation and trial proceedings.

For more information on past key forums and programs, please refer to the link below.

Archive of the SAFE with Us!
Forum on Occupational Safety for the Prevention of Serious Accidents

6. Reference Materials: Analysis of Serious Accident Court Decisions

Since the enforcement of the SAPA on January 27, 2022, approximately 1,000 serious accidents have occurred. As of September 30, 2025, the prosecution has indicted approximately 100 of these cases, and the courts have rendered judgments on 65 cases. Of these, six resulted in acquittals, while the remaining cases resulted in convictions. Sentencing outcomes have varied, ranging from fines of KRW 20 million to imprisonment for up to 15 years. The average term of imprisonment imposed was 15.89 months, and the average fine imposed was KRW 116,432,800.

The punishment for violations of the SAPA is expected to become increasingly severe in the future. For instance, an increasing number of judgments have reasoned that “reaching a settlement with the bereaved family may be considered only as a limited mitigating factor.” At a symposium hosted by the Supreme Court Sentencing Commission in December 2025, the view was expressed that a distinction should be drawn between cases in which a defendant focuses solely on post-accident remedial measures, such as settling with the bereaved family, without improving its occupational safety and health organization despite repeated serious accidents, and cases in which a defendant has made genuine efforts to implement preventive measures.

Furthermore, court rulings on violations of the SAPA have repeatedly emphasized whether a managing officer has substantially established and effectively operated a safety and health management system as a key factor in determining liability. In particular, in cases where actual imprisonment was imposed, courts have identified the absence of such a system or its merely formal operation as aggravating factors, often leading to severe penalties. These rulings demonstrate that courts are increasingly moving toward a stricter assessment of the effectiveness of a safety and health compliance system, rather than focusing solely on the causal relationship of an accident.

We analyze court rulings rendered since the enforcement of the SAPA to identify the criteria applied by courts in determining liability, and we reflect these findings in real time across investigation representations, SCC programs, and on-site risk inspections. As a result, we support our clients in presenting objective and consistent explanations throughout investigative and trial proceedings.

Please refer to the link below for an analysis of court rulings issued to date under the SAPA (as of September 2025).

Analysis and Implications of Rulings on the SAPA

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