On April 5, 2023, at 9:45 AM, a tragic accident occurred when approximately 50 meters of the pedestrian section of the Jeongja Bridge in Seongnam City, spanning the Tancheon Stream, collapsed. A woman walking on the sidewalk and a man entering the bridge from the opposite side fell during the collapse. Unfortunately, the woman lost her life and the man sustained serious injuries.
 

The collapse of the Jeongja Bridge marks the first case recorded as a serious civic accident since the Serious Accidents Punishment Act (SAPA) took effect in 2021. The SAPA classifies accidents resulting in at least one fatality or at least ten serious injuries requiring medical treatment at public-use facilities as serious civic accidents, holding the head of the local government responsible. Following the accident, the police formed a dedicated investigation team of about 38 members, conducting investigations for over a year. In September 2023, the mayor of Seongnam City, where the bridge is located, was charged for the first time under the SAPA for alleged manslaughter leading to a civic accident.
 

In response, Seongnam City appointed DR & AJU as its legal counsel from the outset of the case, asserting that the mayor of Seongnam City had fulfilled all his obligations on public-use facilities under Article 9(2) of the SAPA and Articles 10 and 11 of its Enforcement Decree.
 

Given that this marks the first case in which the head of a local government has been charged under the SAPA since its enactment, we presented various legal defenses to the investigating authorities. We addressed the obligations outlined in the Act, which include: (1) securing human resources; (2) budgeting and execution; (3) conducting safety inspections in accordance with safety and health laws and regulations; (4) establishing a safety plan at least once a year; (5) conducting semi-annual inspections of the aforementioned requirements; (6) implementing procedures for identifying and inspecting hazardous factors, ⑦ establishing criteria and procedures for contracting, outsourcing, and entrustment, and conducting inspections at least once a year; ⑧ developing and implementing measures to prevent recurrence in the event of an accident. We also presented legal arguments concerning intent and causation related to the alleged violation of the SAPA.
 

Charges have been dropped, and the case against the Seongnam City and its responsible managing officer for alleged violation of the SAPA that caused a civic accident causing death, has been closed. The investigation team from the Gyeonggi Nambu Provincial Police Agency, dedicated to the Jeongja Bridge collapse, concluded not to forward the case for prosecution, effectively dismissing all charges.
 

The decision was based on the finding that Seongnam City had made efforts to establish a safety and health management system in compliance with the SAPA and had implemented it as required. Furthermore, neither intent nor a causal relationship could be established on the part of Seongnam City in the context of the accident.
 

This case is significant as it is the first instance in which the head of a local government has been charged under the SAPA since its enforcement. Moreover, it holds importance because the investigative agency recognized the local government’s efforts to establish a safety and health management system, leading to the decision not to prosecute.