Busan-Ulsan-Gyeongnam Chamber of Commerce Jointly Proposes Supplementary Legislation for the 'Serious Accidents Punishment Act'

[Asia Economy Yeongnam Reporting Headquarters Reporter Lee Sang-hyun] The Chambers of Commerce and Industry of Gyeongnam, Busan, and Ulsan jointly announced on the 5th that they have submitted a proposal for 'Supplementary Legislation on the Serious Accidents Punishment Act' to related government ministries including the Ministry of Justice, Ministry of Employment and Labor, Ministry of Trade, Industry and Energy, Ministry of Land, Infrastructure and Transport, Fair Trade Commission, and the Legislation and Judiciary Committee.

This proposal was made as the Serious Accidents Punishment Act, scheduled to be enforced in January next year, currently lacks clear regulations, causing increasing anxiety about punishments and growing concerns among companies. The Gyeongnam-Busan-Ulsan Chambers of Commerce agreed on the need to reduce uncertainty and create an environment where businesses can focus solely on management.

Through the joint proposal, they requested that the punishment of business owners for serious accidents be applied only in cases of 'repeated fatal accidents,' explaining that since the Act is a special law that imposes aggravated punishment on business owners and management officials, the concept of fatalities should be strictly defined in accordance with the purpose of the law.

Furthermore, as the legal subjects of punishment are unclear, they proposed specifying the subjects as 'persons who represent and have authority and responsibility over the business' (CEO) and 'persons responsible for safety and health tasks' (safety officers), clarifying that the legal subject of punishment should be a single individual.

In addition, they requested changing the mandatory minimum imprisonment for business owners to a maximum limit, arguing that imposing a mandatory minimum term of imprisonment may violate the principle of proportionality.

They also proposed establishing exemption provisions from punishment if the business owner or management official did not act with intent or gross negligence, or if safety management was entrusted to a government-certified professional company, considering the characteristics of the industry and fulfilling their responsibilities.

Finally, with less than a year remaining until the law’s enforcement, they requested a minimum grace period of more than two years for workplaces with 50 or more employees, considering the insufficient preparation time for management officials to fully comply with legal obligations such as staffing for safety and health management systems, and also requested special exemptions from primary contractor punishment for subcontractor accidents involving fewer than 50 people occurring during the grace period.

The chairpersons of the Chambers stated, “To ensure that industrial safety policies focus on prevention rather than punishment, supplementary legislation reflecting the voices from the field should be prioritized to minimize confusion and side effects at the workplace following the law’s enforcement.”

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