"Significant Violation of Constitutional and Criminal Law Principles"…Korea Employers Federation Submits Opinions on Serious Accident Punishment Act to National Assembly

[Asia Economy Reporter Kiho Sung] The Korea Employers Federation submitted the business community's position on the 'Serious Accidents Punishment Act' to the National Assembly's Legislation and Judiciary Committee on the 5th. Currently, the Serious Accidents Act is under review by the Legislation and Judiciary Committee's bill examination subcommittee.

In its statement, the Federation emphasized, "The Serious Accidents Act not only significantly violates the principles of responsibility under the Constitution and Criminal Law, as well as the principle of prohibition of excess, but also imposes an enormous burden on corporate management and industrial site supervision that is difficult to bear. More sufficient time should be taken for careful review to ensure the enactment of a reasonable law."

Specifically, it argued that the scope of management responsibility, including the CEO, should be limited to one person who substantially oversees and manages industrial safety tasks, and that safety and health obligations should be concretely and explicitly stipulated at a level where management responsibility and the primary contractor can fulfill their duties.

Regarding the controversial provisions on punishment for business owners and management responsibility, it proposed that clauses allowing exemption from liability should be established if the duty of care was fulfilled or if there was no intentional or gross negligence in violating obligations. It also emphasized that the lower limit of penalties should be removed, only the upper limit regulated, and that liability for damages should be reduced to within three times.

The Federation stated, "Given that the amended Industrial Safety and Health Act, which strengthened the punishment level for business owners, has only recently been implemented, it is not appropriate to push for further strengthening of corporate punishment. Rather than intensifying penalties, it is a more urgent task to shift industrial safety policies, which lag considerably behind foreign countries, to a prevention-centered approach. At the very least, the business community's position on major issues must be reflected during the subcommittee deliberations of the Legislation and Judiciary Committee."

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