Major Industrial Accident and Worker Criteria Met
Management Responsibility for 'Accident Prevention Duty' Also to Be Examined
Ministry of Employment and Labor "Will Identify Responsibility Through Swift Investigation"
[Asia Economy Reporter Han Jinju] Just three days after the enforcement of the Serious Accidents Punishment Act, an accident occurred at the Sampyo Industry worksite in Yangju, Gyeonggi Province, where workers lost their lives, drawing attention to whether Sampyo Industry will become the first case of punishment under the law.
On the 29th, the Ministry of Employment and Labor announced that it has launched an investigation into whether Sampyo Industry violated the Serious Accidents Punishment Act.
The Ministry of Employment and Labor issued a full work stoppage order at the accident site and also ordered work to be suspended at other Sampyo Industry sites where similar operations are being conducted. The ministry will also conduct special supervision targeting Sampyo Industry.
To apply the Serious Accidents Punishment Act, three conditions must be met. First, since 2 out of 3 workers died at the Sampyo Industry Yangju site, it qualifies as a serious industrial accident.
A serious industrial accident is defined as an accident that meets at least one of the following: ▲ one or more deaths ▲ two or more injuries requiring treatment for six months or longer from the same accident ▲ three or more occupational disease cases caused by the same harmful factor within one year.
Even if a serious industrial accident occurs, the Serious Accidents Punishment Act does not apply if the number of regular employees is less than 50. Businesses with 5 to 49 employees are given a three-year grace period and the law will apply from 2024. Sampyo Industry has approximately 930 regular employees, so it is subject to the law.
When a serious accident occurs, the business owner and management responsible are subject to criminal punishment. Whether punishment is imposed depends on whether the management responsible at the site where the serious industrial accident occurred fulfilled their duty to prevent the accident.
Under the Serious Accidents Punishment Act, business owners and management responsible must comply with four major duties: ▲ establishing and implementing a safety and health management system necessary for accident prevention ▲ establishing and implementing accident prevention measures when an accident occurs ▲ complying with improvement and correction orders issued by central administrative agencies and local governments according to relevant laws ▲ taking necessary management measures to fulfill obligations under safety and health-related laws.
If failure to fulfill accident prevention duties results in the death of one or more persons, the responsible party may face imprisonment for up to one year or a fine of up to 1 billion KRW. Imprisonment and fines can be imposed simultaneously.
Previously, the Ministry of Employment and Labor emphasized several times that "if the CEO has fulfilled the obligation to ensure safety and health, they will not be punished even if a serious accident occurs."
At Sampyo Industry, two industrial accident deaths occurred last year. In June last year, a worker at the Sampyo Industry Pocheon branch was crushed to death by a rolling rock. On September 27 last year, a worker at the Sampyo Industry Seongsu factory was struck and killed by a dump truck.
Minister of Employment and Labor Ahn Kyung-duk said, "It is tragic that a major fatal accident occurred again at a company where two industrial accident deaths happened last year," and added, "We will thoroughly hold accountable the management responsible under the Serious Accidents Punishment Act for establishing safety and health management systems and preparing recurrence prevention measures through a swift investigation of the accident."
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