Calculators & Self-ChecksProsecution Request Estimator
Occupational negligence causing injury: statutory penalty and likely requested sentence
The statutory penalty for Occupational negligence causing injury and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million
- Legal basis
- Criminal Act, Article 268
- Category
- Violence
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 year to 1 year 8 months of imprisonment without labor
If there is no settlement and gross negligence caused a serious injury, investigation in detention may be considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more of imprisonment without labor
If a serious injury or permanent disability remains, a formal trial is usual.
Summary fine
- Likely fine
- From KRW 2 million (higher depending on the circumstances)
For gross negligence, it is set at KRW 2 million or more, about KRW 500,000 per week of diagnosis.
Summary fine
- Likely fine
- From KRW 1 million (higher depending on the circumstances)
If the negligence was minor and you settled, it is set at KRW 1 million or more, about KRW 500,000 per week of diagnosis. Without a settlement it may be heavier.
Notes
- Traffic accidents are covered by a separate law (the Act on Special Cases Concerning the Settlement of Traffic Accidents).
- For accidents at industrial sites, a violation of the Occupational Safety and Health Act may also be at issue.
Frequently asked questions
- Occupational negligence causing injury: what is the statutory penalty?
- Legal basis: Criminal Act, Article 268. Statutory penalty: Up to 5 years of imprisonment without labor or a fine of up to KRW 20 million.
- Occupational negligence causing injury: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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