Company 'Seolsanggasang'... Construction Safety Special Act to Be Discussed in February National Assembly

The Serious Accident Punishment Act Has Taken Effect... The Ruling Party Pledges to Pass Bills Next Month
The Previously Lukewarm Opposition Also States "We Will Engage in Discussions"
Concerns Over Double Regulation on Companies Facing 'Business Suspension Penalties'

On the first day of the Serious Accidents Punishment Act enforcement, which allows for the punishment of management officials when serious accidents such as worker fatalities occur, a construction site of an apartment in Gyeonggi-do on the 27th./Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporters Park Jun-yi and Koo Chae-eun] Following the enforcement of the Serious Accident Punishment Act, the Construction Safety Special Act (hereinafter referred to as the Construction Safety Act), which imposes up to 'business suspension' penalties in the event of fatal accidents, is expected to be actively discussed in the February extraordinary session of the National Assembly. After the Democratic Party of Korea declared it would pass the bill next month in the National Assembly, the previously lukewarm opposition parties have also expressed their intention to seriously discuss the matter. However, concerns have been raised from the corporate perspective that this could lead to a 'double burden.'

Song Seok-jun, the opposition party whip of the National Assembly Land, Infrastructure and Transport Committee from the People Power Party, said in a phone interview with Asia Economy on the 27th, "If the ruling party proposes to pass the Construction Safety Act during the February extraordinary session, we will coordinate opinions from various sectors to create a reasonable plan." Choo Kyung-ho, the senior deputy floor leader of the People Power Party, also mentioned regarding the Construction Safety Act, "We will first listen to the stance of the relevant standing committee (Land, Infrastructure and Transport Committee) and then make a decision." Considering that the opposition had not previously expressed a clear position on the bill, this is interpreted as a strong indication of their willingness to process the bill.

Initially, the opposition party was cautious about passing the Construction Safety Act due to concerns about overlapping and aggravated penalties with the Serious Accident Punishment Act and its punitive nature. However, after the collapse accident at Gwangju Hwajeong I-Park earlier this month, there has been a strong sentiment that legislative supplementation is necessary.

Accordingly, discussions on the Construction Safety Act are expected to accelerate during the February extraordinary session convened to handle the supplementary budget bill. Currently, Democratic Party lawmaker Kim Gyo-heung has submitted a related bill. The core of this bill is to impose up to 'business suspension' penalties in cases of fatal accidents caused by negligence in safety management. The ruling party intends to swiftly process the Construction Safety Act by next month through discussions with the opposition.

However, there are concerns that this could result in dual regulation alongside the Serious Accident Punishment Act, which is expected to cause difficulties in reaching an agreement on the bill. Representative Song said, "We are aware that if it results in dual regulation with the Serious Accident Punishment Act, it could create a fearful atmosphere beyond ensuring safety." On the other hand, Kim Young-bae, a Supreme Council member of the Democratic Party and head of the Industrial Accident Prevention Task Force, explained in a phone interview, "The Serious Accident Punishment Act deals with governance of ultimate responsibility, while the Construction Safety Act addresses obligations related to safety measures, so there is not much overlap," adding, "We will strive to reach an appropriate agreement with the opposition."

Within the construction industry, there are significant concerns that if the Construction Safety Special Act passes the National Assembly following the Serious Accident Punishment Act, it will impose a double burden of stringent regulations. They argue that if the bill is hastily passed without thorough deliberation ahead of the presidential election, only side effects will increase. Some construction companies believe that, regardless of the recent collapse accident, priority should be given to discussions on excluding small-scale sites from the law’s application and adjusting the proportion of fines imposed.

An industry insider who requested anonymity explained, "Field workers have to check for safety violations on-site, but with overlapping laws, they might have to check each safety violation regulation one by one," adding, "We need to amend existing laws to ensure they are properly enforced and focus on preventive discussions so that more resources are invested in safety rather than punishment."