Business Community Urges Government to "Promptly Announce Legislative Notice for Enforcement Decree of Serious Accidents Act"

Government "Efforts to Minimize Uncertainty" in Principle Response
Business Community Requests "Government Guidelines for Union Activities of Unemployed and Dismissed Workers" Regarding Revised Labor Union Act Effective July 6

On the first day of his inauguration, last month on the 7th, Ahn Kyung-duk, Minister of Employment and Labor (right), visited the Korea Employers Federation in Mapo-gu, Seoul, and is seen conversing with Sohn Kyung-shik, Chairman of the Federation. (Photo by Yonhap News)

[Sejong=Asia Economy Reporter Moon Chaeseok] The business community has invited the government and urged it to promptly establish government guidelines on union activities within companies by unemployed and dismissed workers. They also requested the swift implementation of the legislative notice for the Enforcement Decree of the Serious Accidents Punishment Act, which was initially scheduled to be announced as early as May or by the end of this month at the latest.

On the morning of the 28th, the Korea Employers Federation (KEF) held a '30 Major Companies CHO Meeting' by inviting Minister of Employment and Labor An Kyung-duk and other government officials to make these demands. The meeting was attended by 26 executives responsible for human resources, labor, and safety and health from 30 major companies including Samsung Electronics, Hyundai Motor, SK, and LG, as well as KEF Chairman Sohn Kyung-shik. This was the first official meeting between safety and health executives of the top 30 companies and the government since the Serious Accidents Punishment Act was passed by the National Assembly earlier this year. The five safety and health executives present were Jang Sung-dae, Executive Director of Samsung Electronics; Jeon In-sik, Managing Director of Hyundai Motor; Kim Hyung-soo, Vice President of SK Hynix; Choi Heon, Managing Director of Hyundai Heavy Industries; and Lee Tae-sung, Managing Director of Daewoo Shipbuilding & Marine Engineering.

At this meeting, the business community made comprehensive demands including ▲establishing government guidelines on the scope of union activities within companies by unemployed and dismissed workers and prior notification ▲prompt legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act ▲allowing monthly or annual extension of working hours related to the 52-hour workweek system ▲stable support for the minimum wage over a considerable period ▲fair discussions on the Labor Time Exemption Review Committee for union activity funding support.

Notably, the safety and health executives gathered to request the prompt resolution of ambiguous provisions in the Enforcement Decree of the Serious Accidents Punishment Act. The legislative notice for the Enforcement Decree, which was supposed to be announced as early as last month or by this month at the latest, has been delayed, and there are speculations inside and outside the government that it will be announced only in early next month.

Regarding this, the business community has consistently argued that Article 2 of the Serious Accidents Punishment Act, which states that "a person who represents and oversees the business or a person responsible for safety and health duties equivalent to that person shall be considered the management responsible person," leaves room for interpretation that safety and health executives, not the CEO, could be punished in the event of an industrial accident fatality. The business community appealed, "The broad and ambiguous management responsibility provisions of the Serious Accidents Punishment Act must be corrected," and urged, "We hope the government actively considers the business community's opinions so that industrial safety policies focus on prevention rather than punishment."

The business community expressed concerns that labor disputes may increase if the number of dismissed workers joining unions rises due to the amended Labor Union Act, which will take effect on the 6th of next month. They said, "Many companies worry that if dismissed or unemployed workers join unions, excessive demands such as reinstatement of dismissed workers or support for unemployment benefits will frequently arise in collective bargaining, leading to a significant increase in strikes." They emphasized, "To secure a balance of power between labor and management, it is urgent to supplement the employer's countermeasures in line with international standards, such as allowing replacement labor and prohibiting workplace occupation, and to reasonably improve the unfair labor practices system, which currently punishes only employers unilaterally."

In response, the government urged companies to comply well with the regulations of the Serious Accidents Punishment Act and announced plans to expand patrol inspections (unannounced inspections of hazardous sites). The government also emphasized efforts to promote youth employment. The government conveyed messages including ▲preparing guidelines for the Enforcement Decree of the Serious Accidents Punishment Act and urging companies to comply with the law ▲holding the 'Three Major Safety Measures (prevention of entrapment and falls, wearing protective gear) Field Inspection Day' biweekly instead of monthly starting next month ▲efforts to minimize uncertainties related to the amended Labor Union Act ▲request for cooperation with the 'Youth Employment Support Project' starting next month ▲and active utilization of open recruitment. The Youth Employment Support Project refers to job-seeking incentives such as the 'Youth Employment Special Subsidy' and the 'National Employment Support System,' as well as policies supporting youth work experience (specs).

Minister An said in his opening remarks, "The Enforcement Decree of the Serious Accidents Punishment Act, which will be enforced in January next year, will regulate obligations such as establishing procedures for inspecting and improving harmful and dangerous factors, deploying professional personnel, and the appropriateness of safety facilities and related budget investments." He added, "We will do our best to minimize uncertainties at the corporate site by fully collecting opinions from labor and management during the decree drafting process and preparing explanatory materials and guidelines."

He also said, "Since the amended Labor Union Act will be enforced from the 6th of next month, we hope companies will also work together to enhance the autonomy of labor-management relations and build a win-win labor-management relationship." He added, "The government will also do its best to minimize uncertainties in the field related to the amended Labor Union Act."

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