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Allegations of workplace injury and death due to safety accidents and failure to follow safety rules during military training

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Case overview

This safety incident occurred during a tank training exercise within a military unit. A failure to follow safety practices while operating the equipment resulted in an injury to a troop member, who required approximately six weeks of medical treatment.

 

After the incident, the parties immediately admitted liability, apologized, and tried to reach a settlement, but as the investigation progressed, they needed legal representation and came to us.

 

Case issues

The key issues in this case were the extent of the defendant's negligence and whether there was joint and several negligence, particularly where the defendant was assigned to a temporary assignment that was different from his original duties and where there was a contested breach of the duty of care by his supervisor.

 

■ Assistance from Ong Kang
Onkang's defense team presented the following arguments:

  1. Demonstrate that the defendant's duty of care is not the same as that of a similarly situated professional
  2. Reduce a defendant's degree of culpability by proving a superior's joint culpability
  3. Reaching an amicable settlement with the victim
  4. Emphasize the defendant's remorse and first-time offender status
  5. Demonstrate your usual integrity through multiple petitions

 

Outcome
The defendant was sentenced to a fine.

This was significantly lower than the penalties originally anticipated, which we attribute to our vigorous defense efforts and mitigating circumstances.

 

Case outcome materials

Allegations of workplace injury and death due to safety accidents and failure to follow safety rules during military training

Law firm specializing in criminal defense at Seocho station

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