D&A LLC successfully represented the representative director of an indoor playground company located within a multi-complex shopping mall (“Client”) in a criminal case arising from a fatal incident. We demonstrated that the accident was neither foreseeable nor causally related to the Client’s conduct, ultimately securing a non-indictment disposition from the prosecution.

Immediately following the accident, the investigative authority alleged that the Client had failed to establish and implement an adequate safety health management system, including personnel assignment, budget allocation, and inspection measures, as required under the Serious Accidents Prevention Act (SAPA) to prevent civil accidents.

Representing the Client, we demonstrated that the company’s headquarters had established a dedicated safety and health team and formulated comprehensive safety management plans to allocate necessary personnel and budgets. We further showed that regular inspections were conducted at each workplace, with established reporting procedures to inform the Client of inspection results. Furthermore, we emphasized that the direct cause of the accident was an on-site employee’s negligence in violating safety measures, and the Client could not have reasonably foreseen or prevent the accident. After reviewing our arguments and supporting evidence, the investigative authority concluded that there was no foreseeability or causal relationship between the Client’s alleged SAPA violations and the accident, and thus issued a non-indictment disposition.

This case sets an important precedent that a business owner should not be held fully liable for an accident where the direct cause is attributable to an employee’s negligence, provided that the owner has reasonably fulfilled its obligations to secure workplace safety and health under the SAPA. Accordingly, this case holds practical significance for similar future cases.