Kyunghyong and Korea Federation of SMEs: "Strengthening Sentencing Guidelines for the Industrial Safety Act is Excessive Punishment"

[Asia Economy Reporter Changhwan Lee] The Korea Employers Federation and the Korea Federation of Small and Medium Business announced on the 18th that they have submitted opposition opinions from the business community to the Supreme Court Sentencing Commission regarding the amendment of sentencing guidelines for industrial safety and health crimes.

The Korea Employers Federation emphasized that considering the enactment of the "Serious Accidents Punishment Act," which strictly criminalizes business owners and management officials when industrial accidents occur, it is excessive punishment for companies to raise the recommended sentencing range for industrial safety and health crimes by focusing solely on punishment without considering this law.

Previously, the Supreme Court Sentencing Commission significantly strengthened the sentencing guidelines to allow business owners who violate safety and health obligations under the Industrial Safety and Health Act resulting in death to be sentenced to a basic imprisonment term of 1 year to 2 years and 6 months, with a maximum of 10 years and 6 months.

Both organizations stated that it is not reasonable to set the recommended sentencing range for industrial safety and health crimes, which are basic negligence offenses, stronger than that for similar offenses such as occupational negligence or gross negligence causing death or injury. They also argued that imposing higher sentences for simply violating the business owner’s safety and health obligations than for crimes causing injury by occupational negligence or gross negligence is excessive punishment.

Both organizations said, "Strengthening the sentencing guidelines for violations of the Industrial Safety and Health Act without considering the enactment of the Serious Accidents Punishment Act and the special characteristics of industrial safety and health crimes (negligence offenses) is untimely and raises concerns about excessive sentencing," and added, "The Sentencing Commission should comprehensively review all circumstances and reasonably prepare the amended sentencing guidelines."