Deputy Minister of Employment: "Companies with Serious Accidents Can Be Subject to Forced Investigation"

7 Days Before Enforcement of Serious Accident Punishment Act, 'Preparation Status Announcement' Briefing

"Cannot Determine Budget Size by Industry" Reiterates Previous Position

"Compliance with Management's Obligation to Establish Safety and Health Management System"
Emphasizes Legislative Intent... "Exemption from Punishment if Obligations Are Fulfilled Even if Serious Accident Occurs"

Actively Supports Enactment of Construction Safety Special Act
"Serious Accident Act Mainly Regulates Contractors; Construction Safety Act Allows Measures for Clients, Designers, and Supervisors"

Park Hwa-jin, Vice Minister of Employment and Labor, announces the preparation status for the enforcement of the Serious Accidents Punishment Act at the government Seoul office briefing room on the 20th. (Photo by Yonhap News)

[Sejong=Asia Economy Reporter Moon Chaeseok] The government announced that it may deploy "compulsory investigations" and "scientific investigations" for companies under investigation due to serious accidents resulting in worker deaths or injuries. Regarding the budget and manpower scale by industry, which companies are curious about, the government reiterated its previous stance that it "cannot be determined." By only emphasizing the "obligation of management to establish a safety and health management system" without providing clear answers on budget and manpower scale, industry dissatisfaction has emerged, saying that even one week before the law's enforcement, the government has only made vague statements.

On the 20th, one week before the enforcement of the Serious Accidents Punishment Act, Deputy Minister Park Hwajin of the Ministry of Employment and Labor announced the preparation status for the law's enforcement at a briefing. On the same day, the government conducted a final review of the law enforcement preparations at the National Policy Issues Coordination Meeting chaired by Prime Minister Kim Boo-kyum. Subsequently, the Ministry of Employment and Labor, the competent ministry, held a detailed briefing.

Regarding the question, "If a case similar to the HDC Hyundai Development Company accident (the construction company responsible for the collapse in Hwajeong-dong, Gwangju) occurs, what differences will there be between investigations under the Serious Accidents Punishment Act and the existing supervisory investigations by the Ministry of Employment and Labor?" Deputy Minister Park said, "Existing investigations under the Industrial Safety and Health Act focus on whether the rules under the Industrial Safety and Health Act regulations were properly followed, but the Serious Accidents Punishment Act pursues the responsibility of companies (management officials, etc.) who failed to fulfill their safety and health management obligations, so it will differ from past (Industrial Safety and Health Act) investigations." He added, "It is expected that methods such as scientific investigations and compulsory investigations, which the Ministry of Employment and Labor has not used before, may be utilized."

In response to the criticism that "there is no guideline on budget and manpower scale by industry, causing confusion among companies," Deputy Minister Park said, "Since the size of companies, industries, and tasks performed vary greatly, and the required budget range also varies widely, it is difficult to set a standard for how much investment each company should make (to establish a safety and health management system)." He added, "The Ministry of Employment and Labor can only express that companies should secure, allocate, and execute the necessary budget for improvement measures."

Ultimately, aside from explaining the existing principle of punishing management officials who violate the "safety and health management system obligation," no additional information was provided.

Rather, Deputy Minister Park said the government will "actively support" the promotion of the Special Act on Construction Safety, implying that regulations may be further strengthened. He said, "The current Industrial Safety and Health Act and Serious Accidents Punishment Act focus on the construction company even when holding the client responsible. However, the government believes it is necessary to take various measures for each party, including the earlier stages of ordering, design, and supervision, to prevent construction accidents."

Meanwhile, Deputy Minister Park explained that the government has provided companies with guidebooks and industry-specific self-checklists. According to him, the government has distributed safety and health management system guidebooks, legal interpretation books, industry-specific self-checklists, and accident type manuals related to serious industrial accidents, and has held more than 100 explanatory sessions by region and target group. For serious public accidents, the Ministry of Environment, Ministry of Land, Infrastructure and Transport, and National Fire Agency have distributed explanatory books on establishing safety and health management systems in three areas: raw materials/products, public facilities, and public transportation. Regarding serious industrial accidents, about 9,000 manufacturing business sites have completed self-checks referencing the industry-specific self-checklists provided by the government. Additionally, 12,000 construction sites are conducting self-checks. For serious public accidents, more than 60,000 business sites are preparing for the law's enforcement based on explanatory materials. Central administrative agencies, local governments, and public institutions are also establishing dedicated organizations by institution.

Furthermore, Deputy Minister Park explained that along with the launch of the "Know the Serious Accidents Punishment Act" website, consulting will be provided to 3,500 vulnerable manufacturing, construction, and chemical business sites. With this year's budget for occupational accident prevention support projects for small-scale business sites expanded to about 1.1 trillion won, plans are in place to expand financial and technical support for safety management. Deputy Minister Park said, "If companies actively utilize the various materials and support programs distributed by the government, it will help establish and implement the safety and health management system required by law." He added, "If hazardous and dangerous factors are left as they are or if instructions or tacit approval are given to proceed with work in dangerous conditions, we will conduct strict investigations and hold management officials responsible."