KCCI Holds Expert Meeting to Analyze Major Accident Punishment Act Rulings

The Korea Employers Federation (KEF) announced on the 8th that it recently held an expert meeting to analyze court rulings related to violations of the Serious Accidents Punishment Act and to derive implications.

Recently, court rulings were issued on the first and second cases where the Serious Accidents Punishment Act was applied. In the first case, involving Onyu Partners, the CEO of the primary contractor was sentenced to 1 year and 6 months in prison (with a 3-year probation) after a subcontracted worker fell to their death at a nursing hospital expansion site. In the case of Korea Steel, where a subcontracted worker died in a steel manufacturing process, the CEO of the primary contractor was sentenced to 1 year in prison (immediate incarceration).

Experts pointed out that the causal relationship between the death of subcontractor workers and the employer’s duty violations is unclear. They also expressed concerns that there is no reasonable basis for recognizing the criminal facts, which is a core requirement for criminal punishment, and that an expansive interpretation of the primary contractor’s duty under the Serious Accidents Punishment Act could cause confusion at frontline sites.

Professor Jeong Jin-woo of the Department of Safety Engineering at Seoul National University of Science and Technology said, "The rulings on the first and second cases under the Serious Accidents Punishment Act were not substantively reviewed by the court because the defendants confessed, so there was no legal dispute," adding, "It is difficult to see these rulings as reflecting the substantive truth, so their implications for other cases are very limited."

He also expressed concern that excessive punishment provisions in the court’s guilty verdicts could result in heavy penalties for management officials. In particular, he pointed out the increased possibility of criminal punishment for small and medium-sized enterprises (SMEs) with insufficient safety management capabilities.

Attorney Kim Sang-min of the law firm Bae, Kim & Lee LLC stated, "Since the enactment of the Serious Accidents Punishment Act, there has been much controversy over how the causal relationship between violations of the law and fatal accidents can be recognized," and added, "The rulings on the first and second cases recognized causality easily without detailed argumentation due to confessions by the defendants." He further noted, "It is necessary to pay attention to future court rulings in cases where causality is actively disputed."

Lim Woo-taek, Director of the Safety and Health Headquarters at KEF, said, "Despite the excessive punishment provisions of the Serious Accidents Punishment Act, this ruling lacked thorough legal examination of the proof of causality, which is regrettable," emphasizing, "The government urgently needs to push for amendments to the Serious Accidents Punishment Act, including additional postponements of its application period, to prevent heavy penalties from being imposed on SMEs with insufficient safety capabilities."