The Serious Accidents Punishment Act Passes the Legislation and Judiciary Committee Subcommittee...Eased Compared to Original and Government Proposals (Comprehensive)

Criticism of Regression Compared to Original and Government Proposals
Unanimous Passage by Ruling and Opposition Parties... Bereaved Families and Labor Groups Oppose

[Asia Economy Reporter Jeon Jin-young] The Serious Accidents Punishment Act passed the National Assembly's Legislation and Judiciary Committee's subcommittee on the 7th.

The subcommittee of the Legislation and Judiciary Committee decided to implement the Serious Accidents Act one year after its promulgation and to grant a total grace period of three years for workplaces with fewer than 50 employees. Workplaces with fewer than five employees are excluded from the law's application.

Baek Hye-ryun, chairperson of the Legislation and Judiciary Committee's first subcommittee and a member of the Democratic Party of Korea, said after the decision, "The law itself is set to be enforced one year after its promulgation. We decided to grant an additional two-year grace period only for workplaces with fewer than 50 employees."

Previously, the original bill proposed by Democratic Party lawmaker Park Ju-min included a four-year grace period for workplaces with fewer than 50 employees, while the government’s proposal limited the grace period to two years for workplaces with fewer than 100 employees. Regarding the one-year reduction in the grace period for workplaces with fewer than 50 employees, Chairperson Baek said, "There was consideration for small businesses and micro-entrepreneurs. As a result, the areas where the business community could prepare have been significantly reduced," adding, "From the government's perspective, it can implement policies more actively, so the decision was made to shorten the grace period."

Baek Hye-ryun, Chairperson of the Subcommittee on Legislative Review 1 of the Legislation and Judiciary Committee, is passing in front of Justice Party lawmakers who are condemning the Democratic Party of Korea and the People Power Party for agreeing to dilute the Serious Accidents Punishment Act at the National Assembly on the 7th. Photo by Yoon Dong-ju doso7@

◆ Passed but... Criticism of 'Regressing Compared to Original and Government Proposals'

Criticism that the punishment intensity has been significantly eased seems unavoidable. Opposition parties except the People Power Party and labor groups opposed the decision excluding workplaces with fewer than five employees. The Justice Party criticized, saying, "Workplaces with fewer than five employees account for 32.1% of industrial accident victims across all workplaces and represent 79.8% of all business establishments," arguing that this goes against the law's intent. The Federation of Korean Trade Unions (FKTU) also issued a condemnation statement in front of the meeting hall, saying, "Is a death occurring in a workplace with fewer than five employees different from one occurring in a workplace with five or more?"

In response, Representative Baek said, "It is not that the law does not apply to workplaces with fewer than five employees." He explained, "The Serious Accidents Act applies to the primary contractor. If they demand shortened project periods and are substantially involved in the work, they can be included under the subcontracting form and be subject to punishment under the Serious Accidents Act."

The definition of the management responsible person, which had been controversial, was decided as "CEO or director in charge of safety and health." The original bill proposed by Democratic Party lawmaker Park Ju-min defined the management responsible person as "CEO and director," and the government proposal also included "CEO and safety and health director," allowing both to be subject to the law.

Regarding this, Representative Baek explained, "If the management responsible person has fulfilled their duties regarding safety and health, they cannot be punished," adding, "It depends on the case. If the safety and health director is fully responsible, the CEO may not be held accountable." This appears to reflect the business community's proposal to define the management responsible person as "CEO or general manager of industrial safety."

The special provision for punishing public officials was also deleted. The original bill imposed imprisonment of one year or more on the approver, and the government proposal on the licensing or supervisory authority. Representative Baek reiterated the existing position that it is difficult to prove causality. He said, "When an accident occurs, it is difficult to prove that the accident happened because the public official's licensing or supervisory actions were inadequate," adding, "If the direct cause lies with the public official, they can be punished under current laws."

Kang Eun-mi, the floor leader of the Justice Party, and lawmakers are shouting slogans condemning the Democratic Party of Korea and the People Power Party for agreeing to roll back the Serious Accidents Punishment Act in front of the National Assembly Judiciary Committee on the 7th. Photo by Yoon Dong-ju doso7@

◆ Passed Unanimously Despite Bereaved Families' Opposition

Despite continuous opposition from bereaved families, the ruling and opposition parties unanimously passed the Serious Accidents Act. Representative Baek emphasized, "This is the only bill that punishes management responsible persons," adding, "It is very meaningful that the punishment of management responsible persons, which was not possible under the Occupational Safety and Health Act, has been codified."

She added, "Labor groups may feel there are shortcomings, but this law does not only affect workers; it affects all citizens, so various considerations had to be made."

The Legislation and Judiciary Committee plans to hold a plenary session in the afternoon to pass the bill. The passed bill will be submitted to the plenary session on the 8th.

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