Investigation Accelerates on Sampo Industry, First Case under Serious Accident Punishment Act
Ministry of Employment Analyzes Seized Data and Considers Summons
Many Legal Experts Expect Indictment
However, Proving Causality Not Easy... Long-Term Dispute Anticipated
The Ministry of Employment and Labor is intensifying its investigation into Sampyo Industry, the first target under the Serious Accidents Punishment Act, but opinions are divided over whether the law should be applied. Since a serious accident occurred resulting in the deaths of three workers, many expect the Serious Accidents Punishment Act to be applied at least as a 'precedent.' However, there is also considerable analysis suggesting that it will not be easy for investigators to prove the causal relationship necessary to punish the CEO under the Serious Accidents Punishment Act.
According to the Ministry of Employment and Labor on the 4th, the rescue operation for the three workers buried in the landslide accident at the quarry in Yangju-si, Gyeonggi-do, was completed on the 2nd, and the investigation into Sampyo Industry is gradually gaining momentum. The Ministry is currently analyzing materials secured through searches of the site office and other locations, while coordinating the timing of summoning related parties for questioning and conducting additional searches.
The Ministry and the police also conducted an on-site inspection the day before to determine the cause of the landslide. A Ministry official explained, "We are analyzing the materials obtained for now, and if necessary, we plan to request additional materials and summon witnesses for questioning. There is a large volume of materials, and since the application of the Serious Accidents Punishment Act is not a matter that can be judged simply, it will take some time."
Is there a causal relationship between 'duty violation' and 'serious accident'?
The biggest issue in applying the Serious Accidents Punishment Act is proving the causal relationship between the violation of safety and health duties and the serious accident. If a company has thoroughly fulfilled its obligations to ensure safety and health and safety measures under the Industrial Safety and Health Act, but a serious accident occurred due to an unusual factor, the law does not apply. This means that the application of the Serious Accidents Punishment Act may vary depending on Sampyo Industry’s safety manuals, budget, and related organizations.
Attorney Oh Tae-hwan, head of the labor group at the law firm Hwawoo, said, "The enforcement decree is vague, so if the investigators apply the law, it would be a situation where it is hard not to be charged. However, if that happens, they might be criticized for indiscriminate prosecution, so the Ministry of Employment and Labor and the prosecution will have to carefully review and clearly specify which regulations Sampyo Industry violated and how, but that task does not look easy."
A senior attorney specializing in serious accidents at a major law firm said, "To punish under the Serious Accidents Punishment Act, it must be proven that the management violated the obligation to ensure safety and health, resulting in the failure to implement safety and health measures at the site, which then caused the fatal accident. Since there are no precedents or case law for proof, it is very early to conclude that there was a violation of the Serious Accidents Punishment Act at this stage."
Presence of Recurrence Prevention Measures Also Key
In the case of Sampyo Industry, which experienced two fatal industrial accidents last year, whether appropriate recurrence prevention measures were established ahead of the enforcement of the Serious Accidents Punishment Act is also expected to be a key issue.
Attorney Kim Seong-geun, head of the serious accidents team at the law firm Dongin, explained, "One of the most important obligations under the Serious Accidents Punishment Act is to take recurrence prevention measures. Since fatal accidents occurred again this year following last year, investigators may argue that Sampyo Industry failed to properly comply with this obligation."
Industry insiders expect fierce legal battles not only during the investigation but also throughout the trial process after prosecution. This is because issues such as the degree of violation of safety obligations, comparisons with foreign cases, and standards for appropriate safety measures are all contentious. Attorney Oh said, "For several years while precedents accumulate, legal disputes surrounding the Serious Accidents Punishment Act will inevitably be intense. Requests for constitutional review will also naturally be filed."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
