Major Industrial Accident Occurs Two Days After Law Enforcement... Could Change Again Depending on Presidential Election
Lee "License Revocation for Companies is Justified"... Yoon "Business Leaders' Management Will Undermined"
[Asia Economy Reporter Baek Kyunghwan] On the first day of the Lunar New Year holiday, January 29, a landslide accident occurred at the Sampyo Industrial stone quarry in Yangju-si, Gyeonggi Province, drawing increased attention to the first case under the Serious Accidents Punishment Act. Currently, the Ministry of Employment and Labor and others are investigating whether the newly enforced Serious Accidents Act, effective since the 27th, can be applied. Meanwhile, political circles are focusing on the voices from labor and management sectors demanding amendments and supplements.
The Serious Accidents Act applies to workplaces with 50 or more regular employees. It stipulates that when a serious accident such as a fatality occurs, the employer or management responsible must be checked for negligence in safety management and punished accordingly. In particular, if it is confirmed that the management failed to fulfill obligations such as establishing a safety system and formulating accident prevention measures following a fatal accident, they may face imprisonment of one year or more or a fine of up to 1 billion KRW.
However, in political circles, amendment bills are being continuously proposed to apply the Serious Accidents Act without exception even to workplaces with fewer than five employees. Until recently, discussions on amendments have included ▲ expanding the application of the Serious Accidents Act to workplaces with fewer than five employees and mandating two-person teams for hazardous workplaces ▲ including workplaces with fewer than five employees and management in the scope of the law and clarifying the management’s obligation to ensure safety and health ▲ removing the three-year grace period for workplaces with fewer than 50 employees ▲ raising the statutory minimum sentence for management from one year to three years.
Presidential candidates also show differing views. This provides a glimpse into the potential direction of amendments to the Serious Accidents Act depending on the election outcome. On the 27th, Lee Jae-myung, the Democratic Party presidential candidate, visited the site of the Gwangju collapse accident and consoled the families of victims while mentioning the cancellation of construction licenses for companies repeatedly involved in serious accidents.
At the site, Candidate Lee said, "It is truly regrettable and shocking that the same accident occurred at the same company," emphasizing, "It is obvious that life is more important than money, but the wrong industrial culture that threatens life for profit must be changed." He particularly warned of a tough stance, stating, "For companies that repeatedly cause serious accidents, it is appropriate to cancel their construction licenses to prevent dangerous business activities."
On the other hand, Yoon Seok-youl, the People Power Party presidential candidate, argues that the Serious Accidents Act could stifle business activities and calls for revisions to the enforcement decree. At a business meeting last month, Candidate Yoon said, "This law sends a strong message that dampens the management will of businesspeople," adding, "If the presidential decree is reasonably designed, there will be little worry about running a business."
Additionally, Sim Sang-jung, the Justice Party presidential candidate, has consistently emphasized that the Serious Accidents Act should apply to all workplaces. On the 19th, Candidate Sim met with Choi Tae-won, chairman of the Korea Chamber of Commerce and Industry, and urged the management sector by saying, "We must break the practice of accepting that people may die while running a business."
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Ahn Cheol-soo, the People’s Party presidential candidate, has only stated regarding the enforcement of the Serious Accidents Act that "the three-year grace period for applying the law to companies with 50 or fewer employees was granted, but many accidents occur in these companies because they often lack the capacity to invest in safety." This is interpreted as emphasizing the need to create an environment where companies can invest in safety.
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