"Busy Preparing 'Bulletproof Documents' for the Boss: Why Serious Accidents Aren't Decreasing"

Despite the Serious Accidents Punishment Act, Fatal Accidents Continue
Focus on Punishment Over Prevention Leads to Side Effects
"Emphasis on Avoiding Liability Rather Than Genuine Safety Measures"

Managers are conducting a safety inspection at an apartment construction site in Gyeonggi-do. Photo by Hyunmin Kim kimhyun81@

"Since the Serious Accidents Punishment Act came into effect, everyone on site is busy preparing so-called 'bulletproof documents' for the boss."

Despite the implementation of the Serious Accidents Punishment Act, fatal workplace accidents continue to occur, raising concerns about the effectiveness of the law. Critics point out that companies are focusing solely on producing various documents to prove compliance with safety obligations. As the law emphasizes punishment rather than accident prevention, there is growing analysis that companies are increasingly concentrating on creating so-called 'bulletproof documents' as evidence to avoid liability, rather than taking genuine preventive measures.

According to the industry on March 8, with the enforcement of the Serious Accidents Punishment Act, companies such as Hyundai Steel, Sampyo Industries, and Yeocheon NCC have become targets of investigations by the Ministry of Employment and Labor, spreading a sense of crisis across the industrial sector. The main issue is that the law focuses on punishing management rather than preventing accidents, leading companies to continue with superficial, 'window-dressing' responses for liability avoidance, rather than making substantial efforts to prevent safety incidents.

A safety manager at a construction site commented, "Although the intent of the Serious Accidents Punishment Act is to ensure site-based safety, the only thing that has increased since its enforcement is the paperwork required by headquarters." He added, "Instead of trying to prevent accidents, everyone is focused on creating loopholes to avoid responsibility if an accident occurs, which is why nothing is changing in reality."

In fact, even more than a month after the law came into effect, fatal accidents continue to occur across the country. According to the Ministry of Employment and Labor, last weekend, a worker died at the POSCO Pohang campus construction site and at Hyundai Steel’s Yesan plant, prompting investigations under the Serious Accidents Punishment Act. The previous day, workers in Hwaseong and Chuncheon were killed in forklift and cargo entrapment accidents.

One safety manager explained, "With inspections from headquarters, clients, the Korea Occupational Safety and Health Agency, as well as surprise inspections from the Ministry of Land, Infrastructure and Transport and the Ministry of Employment and Labor, the burden on sites is only increasing." He added, "Everyone seems focused solely on avoiding responsibility." As a result, there are growing claims that only law firms and former officials from the Ministry of Employment and Labor and the police, who act as shields against the Serious Accidents Punishment Act, are benefiting from the situation.

The industry believes that this punitive approach is fueling such an atmosphere. According to the Supreme Prosecutors' Office's interpretation of the Serious Accidents Punishment Act’s penalties, a causal relationship must be established between the management’s violation of safety and health obligations and the occurrence of a serious accident for a CEO to be criminally prosecuted under the law. Even if there are some violations of obligations, if they are not directly related to the accident, punishment can be avoided, and law firms are reportedly focusing on this aspect in their defense strategies. A lawyer at a major law firm handling serious accident cases stated, "The crucial point is how the company’s management policies are linked to the accident, so we are examining that aspect in detail."

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