Advising on criminal settlements, damages and contribution claims after a scaffolding collapse at a power plant

During planned preventive maintenance work at a thermal power plant, work scaffolding collapsed, killing and injuring workers employed by the prime contractor and several subcontractors. As criminal trials proceeded against the prime contractor and the site managers, issues arose regarding settlements with the injured workers, damages and the allocation of liability among the subcontractors.

On behalf of a power equipment maintenance company, Attorney Jaehoon Lee reviewed the criminal settlements, civil liability for damages and the possibility of contribution claims arising from the accident.

The main issues were how settlements with the victims would affect sentencing in the criminal trial, how to calculate appropriate settlement amounts and additional damages where industrial accident compensation insurance benefits had already been paid, and how to respond if settlements could not be reached.

Further questions were whether rights of contribution could be exercised against the subcontractors involved in the accident, and whether the costs of settling with the victims could be reimbursed under the company's internal rules.

Attorney Lee reviewed the basis for calculating criminal settlement amounts and civil damages, taking into account each victim's injuries and degree of disability, the industrial accident compensation insurance benefits already paid, and the rate of lost working capacity.

He also proposed responses, including a criminal deposit with the court, in case settlements with the victims could not be reached, and analyzed whether rights of contribution could be exercised on the basis of joint tort if each subcontractor's negligence in the use of the scaffolding and the on-site work were established.

We provided a legal opinion comprehensively reviewing the need for criminal settlements, the basis for calculating settlement amounts, how to respond if settlements could not be reached, the scope of civil damages and the possibility of contribution claims against subcontractors.