KCCI "Concerns Over Side Effects of Serious Accident Punishment Act, Supplementary Legislation Needed"

Kyunghyong Online Forum on Improving the Serious Accident Punishment Act Regulations Held

[Asia Economy Reporter Changhwan Lee] The Korea Employers Federation stated that supplementary legislation should be prioritized to minimize side effects ahead of the enforcement of the Serious Accidents Punishment Act.

On the 11th, the Federation held an online discussion forum on improving the Serious Accidents Punishment Act. Professor Jinwoo Jeong of the Department of Safety Engineering at Seoul National University of Science and Technology, who delivered the first presentation, pointed out, "No matter how willing a company is to comply with the law, there are numerous provisions in the Serious Accidents Punishment Act that make it impossible to know who should do what and how."

He argued, "There is also a significant lack of normative grounds for stronger punishment compared to existing safety-related laws, resulting in a loss of legitimacy and balance in the penal system. If the law is enforced as is, it seems difficult to achieve effective prevention of serious accidents."

Professor Jeong added, "Because the concept of management responsibility in the law is unclear, even law enforcement agencies may be confused about who in a company should be identified as the management responsible for investigation. Since the law imposes very strong penalties on companies and managers, the application requirements should be clearly stipulated in the law. However, vague obligations with low predictability lead to severe punishment, which may violate the constitutional principles of clarity and prohibition of excessive punishment."

The second presenter, Sangmin Kim, a lawyer at the law firm Bae, Kim & Lee LLC, also said, "The Serious Accidents Punishment Act is a penal regulation, and the contents stipulated in the enforcement decree constitute elements of the crime. However, the draft enforcement decree contains many unclear and ambiguous expressions and standards, raising concerns about whether appropriate law enforcement will be possible in the future."

He emphasized, "The ambiguity problem of the Serious Accidents Punishment Act is unlikely to be resolved through the draft enforcement decree, which could cause disputes over the consistency of penal provisions and abuse of investigative authority."

In particular, he predicted, "Not defining the scope of safety and health-related laws is tantamount to saying that companies must find and comply with related laws on their own or face criminal punishment. Even minor illnesses such as heatstroke, which can be recovered from with 3 to 4 days of rest, are included as serious industrial accidents without filtering, which will impose excessive burdens especially on large-scale workplaces."

Lee Donggeun, Vice Chairman of the Korea Employers Federation, stated, "To minimize the side effects of enforcing the Serious Accidents Punishment Act, supplementary legislation must be prioritized above all else. The draft enforcement decree proposed by the government is also broad and unclear in many parts, increasing confusion on the ground. Therefore, it needs to be prepared reasonably and specifically, considering the purpose of the law and the status of management responsibility."

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