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Serious Accidents Punishment Act

Overview

Kim & Chang’s Serious Accidents Punishment Act (“SAPA”) Practice draws on the market-leading resources of the firm’s diverse practices to provide clients with comprehensive support on complying with SAPA and responding to accidents.

The Largest Practice in Korea, with a “One Stop Service” Capability

Our SAPA Practice is made up of more than 120 lawyers and advisors, with deep experience in areas such as EHS, criminal defense, construction, employment, product safety and internal investigations.  Many of our team members have worked at government agencies expected to play key roles in SAPA enforcement, such as the Ministry of Employment & Labor, the Korea Occupational Safety & Health Agency, the Ministry of Environment, and the Ministry of Land, Infrastructure & Transport.  Working together with colleagues drawing upon their backgrounds in enforcement agencies such as the police and the Prosecutors’ Office, our Practice is equipped to provide all-encompassing assistance related to government investigations of any workplace or public accident.

Providing Tailored Solutions

The breadth and depth of our capabilities in all related areas of expertise allow us to tailor solutions for each client – from establishing their safety and health management system, to responding effectively to the investigation of any criminal liability for serious accidents.  We believe that our deep experience in advising clients across all major industry segments will help us guide them through the very challenging regulatory landscape presented by the new SAPA regime.

Key Servicesshow

Design and Implementation of SAPA Compliance Regimes
  • Advice on the responsibilities of “Responsible Management Personnel” and organizational restructuring
  • On-site inspections to identify safety and health management related risks
  • Advice on updating or establishing safety and health management systems 
  • Drafting site-specific manuals and checklists
  • Review of subcontracting and outsourcing arrangements to identify risks and remediation measures

 

Accident Response
  • Government investigation response and defense
  • Crisis management advice and services
  • Advice on root cause analysis and accident prevention systems 

Key Experienceshow

We advise clients in all major industry segments, such as petrochemicals, semiconductor, construction, distribution and logistics, energy, telecommunications, steel, cement, automobile manufacturing, pharmaceutical and real estate.

 

Design and Implementation of SAPA Compliance Regimes
  • Led a project to establish a company-wide safety and health management system to comply with SAPA and prevent manufacturing site accidents for a leading Korean semiconductor company.
  • Established a company-wide safety and health management system for SAPA/OSHA compliance and accident prevention for a leading Korean petrochemical company.
  • Advised the largest e-commerce logistics company in Korea on its safety and health management system.
  • Led a project to establish compliance systems for EHS laws, SAPA and OSHA for a leading Korean steel company.
  • Represented a number of major construction companies in Korea to provide comprehensive advice on legal risks related to construction site accidents and remediation measures.
  • Established a safety and health management system, including on-site inspections and subcontractor operations, for leading Korean auto parts makers.
  • Developed OSHA related company regulations and checklists for leading Korean distribution companies.
  • Provided advice to a multinational chemical company on the obligation to file voluntary safety confirmation reports.
  • Led a compliance project for OSHA, Act on the Safety Control of Hazardous Substances, and High-Pressure Gas Safety Control Act for a leading Korean biopharmaceutical company.
  • Established a product safety inspection system for a leading Korean distribution company.
  • Carried out risk assessment and provided advice on safety and health management system updates for the largest airline in Korea.

 

Accident Response (Selected Cases)
  • Advised a leading Korean semiconductor company in addressing worksite fatalities.
  • Assisted leading domestic energy companies and multinational chemical companies in responding to worksite accidents such as explosions and chemical leaks.
  • Advised a leading domestic company in responding to demolition related injury claims. 
  • Represented leading Korean construction companies in their response to government investigations of worksite employee fatalities.
  • Assisted various clients in the defense of criminal or civil proceedings and administrative sanctions (such as special supervision and work stoppage orders) resulting from worksite accidents.

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