Judgment of Violation of Obligation to Establish Safety and Health Management System by Business Operator
First Prosecution Case by Industrial Safety Focus Cheong Ulsan District Prosecutors' Office
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The CEO of a company where a foreign worker died in a major industrial accident has been brought to trial on charges of violating the Serious Accidents Punishment Act. This is the first case prosecuted by the Ulsan District Prosecutors' Office, which focuses on industrial safety, for violating the Serious Accidents Punishment Act.
On the 27th, the Criminal Division 5 of Ulsan District Prosecutors' Office (Chief Prosecutor Noh Seon-gyun) indicted CEO A of an automobile parts manufacturing company in Yangsan, Gyeongnam, without detention on charges including violation of the Serious Accidents Punishment Act. This company is a "one-person company" wholly owned by A.
At the factory of the company, on July 14, a foreign worker died after his head was caught in a machine during the removal of residues from a casting machine that pours molten metal melted at high temperature to obtain castings.
During the investigation, the prosecution confirmed that the CEO A, who is responsible for management, was notified by a private company entrusted with risk factor inspection about the accident risk due to a malfunctioning protective device but failed to take necessary measures, which was the main cause of the accident.
The prosecution judged that A violated the obligations under the Serious Accidents Punishment Act to establish a safety and health management system, including the 'obligation to identify and improve hazards and risks' and the 'obligation to establish evaluation criteria for the faithful performance of duties by safety and health management officers.'
Article 4 (Obligations of Employers and Managers to Ensure Safety and Health) Paragraph 1 of the Serious Accidents Punishment Act imposes duties on employers or managers to prevent harm or risks to workers' safety and health by ▲establishing and implementing a safety and health management system with necessary personnel and budget for accident prevention (Item 1) ▲establishing and implementing measures to prevent recurrence in case of accidents (Item 2) ▲implementing improvements or corrections ordered by central administrative agencies or local governments according to relevant laws (Item 3) ▲taking necessary administrative measures to fulfill obligations under safety and health-related laws (Item 4).
Paragraph 2 of the same article delegates the detailed matters concerning measures under Items 1 or 4 to be prescribed by Presidential Decree.
Furthermore, Article 4 (Establishment and Implementation of Safety and Health Management System) Item 3 of the Enforcement Decree of the Serious Accidents Punishment Act stipulates the specific content of mandatory measures, stating that "work procedures to identify and improve hazards and risks according to the characteristics of the business or workplace shall be established, and whether identification and improvement of hazards and risks are conducted according to these procedures shall be inspected at least once every six months, followed by necessary measures."
Also, Article 4 Item 5 of the Enforcement Decree specifies as concrete content of "administrative measures" that "safety and health managers, supervisors, and overall safety and health officers shall be given the authority and budget necessary to faithfully perform their respective duties at each workplace" and that "evaluation criteria shall be established to assess whether safety and health managers faithfully perform their duties, and evaluations and management shall be conducted at least once every six months according to these criteria."
A prosecution official stated, "This is the first case prosecuted by the Ulsan District Prosecutors' Office for violating the Serious Accidents Punishment Act, and it shows that even if a company conducts safety inspections, if necessary measures are not taken, the management is held responsible." He added, "The Ulsan District Prosecutors' Office, which focuses on industrial safety, will continue to make every effort to ensure that managers faithfully fulfill their safety and health obligations to protect the lives and safety of workers."
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