Democratic Party Judiciary Committee Closed Meeting on Serious Accident Punishment Act... "Only Details Remain"

Bill Proposal Park Beom-gye "Consensus Formed, Detailing Issues Takes Time"
Democratic Party Organizes Position at Policy Members' Meeting on 17th Afternoon

[Image source=Yonhap News]

[Asia Economy Reporter Park Cheol-eung] The Democratic Party of Korea has begun concrete discussions on enacting the Serious Accidents Punishment Act (Serious Accident Act). Although the business community strongly opposes it, a consensus has already been formed within the party, including members of the Legislative and Judiciary Committee (Legislation Committee), which has jurisdiction over the bill. They are also reviewing the possibility of adjusting the clause that delays application to workplaces with fewer than 50 employees for four years, which labor groups have demanded to be removed. However, due to many contentious issues in the details, it remains uncertain whether the bill will be passed within the temporary parliamentary session ending on January 8 next year.

On the 17th, Park Beom-gye, a member of the Legislation Committee who proposed the Serious Accident Act on the 14th, told Asia Economy in a phone interview, "There is a consensus within the party to enact the Serious Accident Act, but there are still major issues when it comes to the details," adding, "These include whether to specify the employer's safety obligations more concretely, the presumption of causation in serious accidents, and the grace period for workplaces with fewer than 50 employees."

He continued, "There is a need to supplement the details further," and said, "A few days ago, members of the Legislation Committee held a closed meeting with academic experts, and the party caucus meeting on the 17th will be an opportunity to organize the necessity and issues of enacting the Serious Accident Act for the entire party." He added, "Since it is a very difficult task when it comes to the details, it is hard to say when the bill can be passed at this point."

The Democratic Party will hold a policy caucus meeting in the National Assembly in the afternoon to discuss the enactment of the Serious Accident Act. Before Park Beom-gye, Park Joo-min and Lee Tan-hee from the Democratic Party, and Kang Eun-mi from the Justice Party, each proposed bills. From the People Power Party, Im Eui-ja, a former member of the Korean Confederation of Trade Unions, has also introduced a Serious Accident Act bill.

Kim Tae-nyeon, the floor leader of the Democratic Party, said at the policy coordination meeting in the morning, "The determination to enact the Serious Accident Act is firm," adding, "After the caucus meeting, the issues will be organized, and the bill review will proceed mainly in the standing committees to ensure effectiveness. During the review process, we will establish procedures to listen to opinions from individual business owners, experts, and small-scale workplaces."

Within the party, including the Policy Committee, some believe that amending the existing Industrial Safety and Health Act (ISHA) to strengthen it is more realistic. Democratic Party leader Lee Nak-yeon has also expressed the position that discussions should include this. However, it seems unlikely that the process will stop at amending the ISHA without enacting the Serious Accident Act. Ultimately, the enactment of the Serious Accident Act and the amendment of the ISHA may occur simultaneously.

The biggest issue is the clause common to the Democratic Party's proposals that delays application to workplaces with fewer than 50 employees for four years. Labor groups and the Justice Party oppose this, arguing that the grace period for small businesses with fewer than 50 employees, where most industrial accident deaths occur, is unacceptable. Regarding this, Park Beom-gye said, "We will keep the door open to review the grace period clause." It is expected that opinions on this part will be expressed and organized at the caucus meeting.

The Serious Accident Act bill imposes a duty on employers to prevent risks and stipulates imprisonment or fines of several hundred million won if a serious accident occurs due to violation of this duty. It applies not only to industrial accidents but also to social disasters such as the Sewol ferry disaster and the humidifier disinfectant case.

Park Beom-gye's bill focuses on minimizing constitutional issues, such as removing the "burden of proof" clause found in the bills proposed by Park Joo-min and Lee Tan-hee. It also deletes the provision that presumes responsibility if the employer's safety duty violations are confirmed three or more times in the five years prior to the accident, reflecting the principle that the prosecutor must prove the crime in criminal proceedings. Considering concerns inside and outside the party, Park Beom-gye's bill is regarded as the closest to the final version.

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