Kim Hee-guk: "Oppose the Serious Accident Punishment Act... Companies Will Have to Close if Accidents Occur"

"Chased by Time, Laws That Aren't Even Laws... Is This a Country?"

[Image source=Yonhap News]

[Asia Economy Reporter Lim Chun-han] Kim Hee-guk, a member of the People Power Party, criticized the Serious Accident Punishment Act (Serious Accident Act) on the 5th, saying, "If this law is forcibly enacted, the government’s planned 'Construction Safety Special Act,' which imposes even harsher penalties, will follow. If a single serious accident occurs, the company will be hit three times with the Industrial Safety and Health Act, the Serious Accident Act, and the Construction Safety Special Act, forcing the company to close down. Is this a country?"

On the same day, Kim held a press conference at the National Assembly Communication Office, stating, "I stand here to oppose the Serious Accident Act, which the ruling party plans to forcibly pass by January 8," and added, "This law currently in progress can never prevent serious accidents."

He emphasized, "Looking at the causes of serious accidents that have occurred so far, they can be divided into three: first, the responsibility of the ordering parties such as the government, local governments, and public enterprises; second, the responsibility of companies; and third, individual mistakes. Therefore, the responsible parties must naturally differ."

He continued, "From the beginning, the Serious Accident Act assumes that the cause of accidents lies in companies’ negligence in safety management, and the punishment is mainly focused on companies. As a result, it contradicts general legal principles such as the principle of responsibility, the principle of prohibition of excessive punishment, the principle of clarity, and the prohibition of punitive damages, leading to criticism and ridicule questioning whether this is even a law."

Kim stated, "The root cause of serious accidents in our country is, first, the failure to properly provide the necessary costs for accident prevention, such as investigation expenses, design fees, various safety equipment, and the operation of safety managers. Second, construction projects under 2 billion won, where most accidents occur, are classified as simple private projects and left as blind spots without construction supervision, labor supervision, or inspection. If supervisors were dispatched according to various regulations and performed their roles, many serious accidents could be prevented."

Kim criticized, "Ignoring the fundamental problems and recklessly enforcing this law, which neither fits legal theory nor reality, with the ruling party’s attitude of 'let’s try it first and supplement it if there are problems,' is truly foolish. Instead of rushing and insisting that this is a law when it is not, let’s once again examine the essence of the situation and create a proper accident prevention law."

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