Serious Accident Punishment Act Passes So-Called Review... KCCI Requests Suspension of Additional Legislative Procedures Including Plenary and General Assembly Sessions
[Asia Economy Reporter Kiho Sung] The Korea Employers Federation (KEF) expressed "regret, despair, and frustration" regarding the National Assembly Legislation and Judiciary Committee's Subcommittee on Bill Examination's resolution of the Serious Accident Punishment Act on the 7th.
In its statement titled "The Employers' Position on the Subcommittee's Resolution of the Serious Accident Punishment Act," KEF pointed out, "The bill still sets a minimum imprisonment term (at least one year), imposes excessively severe penalties on corporations, lacks exemption provisions for those who have fulfilled their duties as good managers, and contains the harshest punishment regulations unprecedented worldwide. Moreover, it violates the constitutional and criminal law principles of prohibition of excessive punishment and the principle of responsibility."
It continued, "The law imposes excessively burdensome obligations on management officials and primary contractors that are practically impossible to fulfill, and mechanically assigns severe penalties when accidents occur. Companies cannot shake off the fear and anxiety caused by this. We believe that now is not the time to enact the Serious Accident Punishment Act but rather to urgently establish a Special Act on Industrial Safety Prevention that can strengthen preventive activities."
KEF also stated, "Despite the bill being a special statute that would have a significant impact on companies in addition to the current highest-level Industrial Safety and Health Act, it is highly unreasonable for the National Assembly to legislate it in a short period without in-depth discussion. Therefore, we earnestly request once again that the remaining legislative procedures, including the full Judiciary Committee meeting and plenary session submission, be suspended and that a constitutional and rational bill reflecting the employers' position be prepared."
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Along with this, KEF demanded that five key points be reflected: ▲ revising the definition of serious industrial accidents to "cases where multiple deaths repeatedly occur," ▲ deleting the minimum imprisonment term (at least one year) for management officials (only setting a maximum term), ▲ establishing exemption provisions when management officials have fulfilled their duties as good managers or when there is no intentional or gross negligence in violating duties, ▲ lowering the fine levels for corporations and limiting punitive damages to within three times the amount, and ▲ excluding the application of primary contractors' responsibility provisions during the grace period for small and medium-sized enterprises upon enforcement of the law.
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