Adjusting the Level of Punishment in Major Accident Cases Is Key

Lee Nak-yeon, leader of the Democratic Party of Korea, is delivering a greeting at the special advisory group appointment ceremony held at the National Assembly on the 18th. Photo by Yoon Dong-joo doso7@

Lee Nak-yeon, leader of the Democratic Party of Korea, is delivering a greeting at the special advisory group appointment ceremony held at the National Assembly on the 18th. Photo by Yoon Dong-joo doso7@

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[Asia Economy Reporter Park Cheol-eung] Han Jeong-ae, Chair of the Policy Committee of the Democratic Party of Korea, jointly proposed an amendment to the Industrial Safety and Health Act (ISHA). The direction that the party's policy-making deliberative body intends to pursue in consultation with the government is interpreted as leaning toward amending the ISHA. However, Lee Nak-yeon, leader of the Democratic Party, clearly stated that the Serious Accidents Punishment Act (SAPA) must be enacted. Ultimately, both bills are expected to be pursued simultaneously, with the key issue being how to adjust the level of punishment for business owners in the event of serious accidents.


According to the National Assembly on the 18th, Democratic Party lawmaker Jang Cheol-min took the lead in proposing an amendment to the ISHA that includes imposing a maximum fine of 10 billion KRW for fatal industrial accidents. In addition to Jang, 11 other Democratic Party lawmakers co-sponsored the bill, including Chair Han Jeong-ae.


In a phone interview with Asia Economy on the same day, Lawmaker Jang said, "Without a party consensus, the ISHA amendment and the SAPA bill will be discussed separately in the Environment and Labor Committee and the Legislation and Judiciary Committee, respectively," adding, "The SAPA bill may face difficulties due to constitutional issues related to the principle of legality. The likelihood of success is higher for the ISHA amendment, and the party's Policy Committee shares this view."


Jang’s proposal stipulates that if an industrial accident caused by violations of safety and health obligations by business owners or contractors results in the death of three or more workers simultaneously, or three or more deaths within one year, a fine of up to 10 billion KRW may be imposed. It also mandates that the CEO must confirm matters related to serious accident occurrences at the workplace, measures to prevent recurrence, and supervisory points raised by labor inspectors.


The proposal emphasizes practical effectiveness in preventing industrial accidents. Lawmaker Jang stated, "Under the current ISHA, the maximum sentence for fatal accidents is seven years, and it is difficult to increase it further. It is important to clarify the obligation regulations to ensure proper enforcement."


The SAPA bill applies not only to industrial accidents but also to social disasters such as the Sewol ferry disaster and the humidifier disinfectant incident. The key issue is whether the overlapping provisions regarding punishment of business owners in industrial accidents between the ISHA amendment and the SAPA can be coordinated. At a Kwanhun Forum the previous day, Leader Lee said, "The SAPA is not just one bill. There are several bills with differing opinions and contentious points, and they must be discussed anyway," adding, "The Industrial Safety and Health Act is one of them."



Hong Ik-pyo, director of the Democratic Research Institute and co-proposer of the SAPA, said in a phone interview, "Although discussions are ongoing, the party’s basic stance is that the SAPA must be enacted, and opinions are converging in that direction," adding, "Since the two bills target slightly different areas, both may be passed. In any case, the enactment of the SAPA must be the premise, and I believe that amending the ISHA alone is insufficient."


This content was produced with the assistance of AI translation services.

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