Korea Employers Federation: "Scope of Serious Accident Punishment Act is Ambiguous, Guidelines Needed"

[Asia Economy Reporter Changhwan Lee] The Korea Employers Federation (KEF) announced on the 25th that, as a result of conducting a "Corporate Demand Survey for Preparing Industry Support Measures Related to the Serious Accidents Punishment Act" targeting major companies, it was found that companies are having difficulty grasping specific details due to the ambiguous scope and application targets of the law. KEF submitted these findings to relevant government departments on the 24th.

Companies frequently inquired about the obligations to ensure safety and health that business owners, management officials, and prime contractors must observe, as well as the scope in which prime contractors have actual control, operation, and management.

KEF explained that this reflects concerns that, due to unclear legal provisions, it is difficult for companies to predict what preparations are needed before the law’s enforcement, and that overinterpretation might lead to management officials and prime contractors being held responsible beyond their possible involvement.

Additionally, since the concept of management officials subject to punishment is abstract, in workplaces where safety and health-related tasks and organizational systems are multilayered, it is impossible to identify who qualifies as a management official based solely on the legal text, making it difficult to reorganize and expand dedicated safety and health organizations.

Accordingly, companies proposed that the government explicitly specify ambiguous provisions in the law through enforcement decrees and promptly prepare legal commentaries, manuals, guidelines, and instructions.

Responding companies also emphasized the need for supplementary legislation, such as relaxing excessive punishment standards to reasonable levels before the law’s enforcement.

Key proposals include revising the minimum imprisonment term of over one year to a maximum term of up to seven years, changing the scope of deaths qualifying as serious accidents from one person to "two persons within one year," and establishing an exemption clause that allows business owners to avoid punishment if they have exercised considerable care and supervision to prevent violations of safety and health obligations.

Furthermore, they requested the government to prepare effective support measures so that the industry can focus on serious accident prevention activities after the enforcement of the Serious Accidents Punishment Act.

A KEF official emphasized, "Based on the inquiries and difficulties confirmed through this demand survey, a reasonable enforcement decree must be promptly enacted, and effective corporate support measures for serious accident prevention should be established."

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