D&A LLC successfully represented a construction company (“Client”) in an investigation arising from a fatal construction accident. On August 3, 2024, an employee of the Client’s subcontractor was filling the gap between louver windows and the structural wall with polyurethane foam at the Client’s reconstruction site. While performing the task, the employee stepped on a louver, which detached from the window frame, causing the employee to fall and suffer a fatal injury.

Representing the Client, we argued that the victim’s work was minor, comparable to cleaning window frames, except for applying filler materials. We also asserted that the work should be deemed as indoor work, as it was performed at a height of only 0 to 50 centimeters. We further argued that (i) it was reasonably unforeseeable that a fall accident could occur, given the indoor and outdoor conditions at the time of the accident; (ii) the Client had fulfilled its duty to take appropriate safety measures, noting that this duty, which is distinct from the contractor’s duty, focuses on creating safe working conditions; and (iii) the Client had performed its duty to ensure safety and health under the Serious Accidents Punishment Act.

Accepting our arguments, the police issued a non-indictment decision regarding the alleged death and injury caused by occupational negligence. In addition, the Ministry of Employment and Labor concluded its investigation into the alleged violations of the Occupational Safety and Health Act and Serious Accidents Punishment Act without indicting the Client.

This case establishes a meaningful precedent, as it affirms that a contractee cannot be expected to conduct risk assessments or implement safety measures for risks that are reasonably unforeseeable.