Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, a confession given during the investigation does not automatically mean conviction. Where the facts do not support it, the confession can be overturned at trial. In one industrial accident case, a client had already confessed to being the “overall supervisor” responsible, and even a court-appointed lawyer had submitted a confession statement, yet through thorough witness examination the client was found not guilty at trial.
For companies and workers in Korea, industrial accident cases carry criminal exposure that is easy to underestimate. And many assume that once you have confessed, the case is over. It is not. Here is how one such case was turned around, from a Korean English-speaking lawyer’s perspective.
What occupational injury liability means
Occupational injury by negligence (업무상과실치상) can arise when an industrial accident occurs and there was a breach of a duty of care. This case was especially serious for one reason: the client had already confessed during the investigation.
The client had stated that, as the “overall supervisor,” the accident had occurred on their watch, and had even confessed to a court-appointed lawyer, who submitted a confession statement to the court. In an accident where a foreign worker was injured badly enough to require surgery, the situation looked dire. Our firm was then retained at the company level for the trial stage, and through rigorous witness and defendant examination, we uncovered the truth and secured a not-guilty verdict.
The case background
The facts were as follows. The matter was occupational injury by negligence, arising from an industrial accident in which a foreign worker was injured and required surgery. During the investigation, the client had confessed, admitting to being the overall supervisor and to a breach of the duty of care. By the trial stage, even the court-appointed lawyer had submitted a confession statement.
The company had not anticipated that criminal punishment would follow, and so had done nothing to respond in the early stages of the investigation. This is precisely why, when an industrial accident occurs, early legal response matters so much.
The defense strategy
We built the defense around three pillars.
Examining four witnesses. We established that it was actually the subcontractor that managed the workers on site, proving that the managing entity was the subcontractor.
Defendant examination. We emphasized that the client’s role was not that of overall supervisor, but simply a technician. Before the examination, we conducted a full simulation, run like the real thing, so the client could answer clearly and consistently.
Analyzing where responsibility lay. We demonstrated that the client had merely leased the machinery, and that all supervision and management responsibility rested with the subcontractor.
The result: not guilty, despite the confession
The court, weighing the consistent witness accounts and the client’s actual role together, recognized that the client was not the overall supervisor and returned a verdict of not guilty. As the reasoning made clear, the evidence fell short of placing the client in a supervisory position of responsibility.
This was a hard-fought case, and we submitted a defense opinion five times in total. Even where there is a confession during the investigation, active advocacy grounded in the facts can prove innocence.
A confession is not the end
In criminal cases, people often assume that a confession given during the investigation cannot be overturned at trial. It is true that these are difficult, high-level cases. But when the reliability of the confession, where responsibility actually lay, and all the surrounding circumstances are thoroughly analyzed, a different conclusion can emerge.
For foreign workers and the companies that employ them, industrial accidents can lead to criminal exposure that no one expected. If an accident has occurred, responding early, rather than assuming nothing will come of it, is what protects you.
An admission made at the scene is not the end of the matter; what it actually admits to is a legal question. See what happens after a statement is taken.
Frequently Asked Questions
Q: Can a confession during the investigation be overturned at trial in Korea?
A: Yes, it is possible, though difficult. Where the facts do not support the confession, active advocacy analyzing its reliability, the actual allocation of responsibility, and the surrounding circumstances can lead to a not-guilty verdict.
Q: What is occupational injury by negligence in Korea?
A: It can arise when an industrial accident occurs and there was a breach of a duty of care. Both individuals and companies can face criminal exposure, which is often underestimated in the early stages.
Q: Who is responsible when a worker is injured on a site with subcontractors?
A: It depends on who actually managed and supervised the work. Establishing, through witnesses and evidence, that supervision rested with a subcontractor rather than the accused can be decisive.
Q: Why does the early stage matter in industrial accident cases?
A: Because companies often assume no criminal punishment will follow and do nothing early, which can allow a case to harden. Early legal response, including how statements are given, can change the outcome.
Q: I’m a foreign worker or employer facing this in Korea. Can I get help in English?
A: Yes. A Korean English-speaking lawyer can take your account in English and handle the case from investigation through trial, including where a confession needs to be re-examined against the actual facts.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. For advice on your situation, consult a licensed attorney.
Facing an industrial accident or occupational injury case in Korea? YUSU Lawfirm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense from the investigation stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.
