[1 Year Since the Serious Accident Punishment Act] Construction Industry with the Most Accidents Also Demands 'Reasonable Amendments'

Site managers unable to inspect sites due to paperwork
Top 100 construction companies see 33% increase in construction accidents in Q3 last year

[Asia Economy Reporter Cha Wanyong] As the first anniversary of the Serious Accidents Punishment Act (SAP Act) approaches, confusion in the industrial sector, especially in the construction industry, remains unchanged. For site managers and others responsible for accidents, last year was, in a word, a "terrible time." Since accidents could lead to punishment of the employer and CEO, the pressure from higher-ups was considerable. One site manager even confessed that just hearing a "thud" sound made him feel his lifespan was shortening. Before long, site management positions in the construction industry became roles to avoid.

The construction industry points out that the Serious Accidents Punishment Act should be revised with enforcement ordinances suitable for the field. The photo shows an apartment construction site in Gyeonggi-do. Photo by Hyunmin Kim kimhyun81@

At the end of last November, the government announced a roadmap to shift this year from punishment-focused regulations to a "self-regulatory prevention system" to reduce serious accidents, and plans to revise the SAP Act in 2024. However, the industry expresses more concern than expectation. There is worry that introducing a self-regulatory prevention system without rational improvements to the SAP Act itself might result in redundant regulations, like an "ornament on the rooftop."

The industry insists that revising the SAP Act is urgently needed. Especially on construction sites where hundreds or thousands of workers are deployed, it is practically and physically impossible for business owners or management officials to directly oversee safety at each individual site.

On the contrary, voices from the field indicate problems with managers’ work negligence. Due to strengthened punishments extending to business owners and management officials, site personnel have increased paperwork for reporting to headquarters. This has reduced the time available to patrol the site for safety management.

A construction site management official said, "Since the focus is on punishing management, the pressure from headquarters is significant," adding, "I end up not being able to inspect the site because I am busy preparing safety-related evidence documents proving that preventive measures were taken."

An anonymous construction industry insider stated, "No matter how much safety is emphasized administratively or legally, the reality on the ground is different," and argued, "The fact that safety accidents did not decrease despite the SAP Act being enforced throughout last year indicates problems with the law, and improvements that fit the field and reality are necessary."

In fact, the construction industry saw no preventive effect on accidents after the SAP Act was enforced last year. On the contrary, the number of fatalities increased. According to the Ministry of Employment and Labor, up to November last year, a total of 236 people died in accidents at manufacturing workplaces with 50 or more employees and construction sites with construction costs of 5 billion won or more, which are subject to the SAP Act.

Among these, the construction industry recorded the highest number of fatalities with 105 deaths. This is 4 more than the 101 deaths during the same period in 2021. Notably, large companies, which were expected to pay relatively more attention to safety management, saw a significant increase.

According to an analysis of statistics from the Construction Safety Management Integrated Information Network (CSI) by the Ministry of Land, Infrastructure and Transport, in the third quarter of last year (July to September), 18 of the 61 workers who died in construction accidents were at sites of the top 100 construction companies. This represents a 33% increase from 12 fatalities at the top 100 construction companies during the same period the previous year.