KCCI Urgent Countermeasure Meeting on Enforcement Decree of Serious Accidents Punishment Act "Supplementary Legislation Within the Year"

Concerns Pour In by Industry: "If This Continues, Corporate Responsible Parties Cannot Avoid Criminal Punishment for Accidents"

[Asia Economy Reporter Yoo Je-hoon] The Korea Employers Federation held an emergency industry meeting on the 14th to discuss countermeasures regarding the Enforcement Decree of the Serious Accidents Punishment Act. They expressed concerns that "if the Enforcement Decree is enacted as is, it will be difficult for the management responsible for companies where accidents occur to avoid criminal punishment."

The Federation announced that it held an online "Emergency Industry Countermeasure Meeting on the Enforcement Decree of the Serious Accidents Punishment Act" in the afternoon, attended by safety and health officials from major companies and industry associations by sector. Safety and health officials from key industries such as shipbuilding, automobile, tire, semiconductor, display, construction, steel, petrochemical, and refining participated in the meeting.

At the meeting, various concerns from each industry regarding the Enforcement Decree of the Serious Accidents Punishment Act were raised. Industries with a high proportion of outdoor work, such as shipbuilding and construction, expressed worries that if severity criteria are not established for "heatstroke," which is listed as an occupational disease, management responsible persons could be subject to investigation and punishment every year.

In the automobile and tire industries, the issue of primary and subcontractor responsibilities was brought up. The draft Enforcement Decree does not specifically define the scope of responsibility for the primary contractor, raising concerns that they could be held liable for accidents involving all third-party workers within the workplace. They pointed out, "Applying the law solely based on government interpretation or guidelines violates the principle of legality in criminal law."

In the semiconductor and display industries, which handle many chemical substances, there was criticism that if a "comprehensive provision" is introduced in the list of raw materials or manufactured products subject to major civic disasters, the scope of raw materials and products that management must control would become excessively broad, potentially causing disputes over whether the law applies in the event of a civic disaster.

Lee Dong-geun, Vice Chairman of the Korea Employers Federation, stated, "The draft Enforcement Decree announced for legislative notice will not be able to resolve the confusion and side effects that may occur at the site when the law is enforced next year," adding, "The government should sufficiently collect the various opinions presented by each industry during the legislative notice period and enact the Enforcement Decree reasonably."

He also said, "It is necessary to amend the law so that management responsible persons are not punished when serious accidents occur due to other causes such as individual negligence," and emphasized, "Supplementary legislation must be pursued within this year to specify the scope of management responsibility and the responsibility of contractors."

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