[Report] "Do They Take Kitchen Ladies If They Raise Their Hands?"... Misunderstanding of the Jungcheobeop Causes Confusion on Site

Confusion at the Scene Over Application of the Jungcheobeop Law
Small Merchants Unaware of Whether It Applies or Its Details
"Guidelines Must Be Actively Communicated to Business Owners"

"It's not my responsibility if the kitchen lady gets injured carrying something hot."

On the afternoon of the 30th of last month in Yeongdeungpo-gu, Seoul, Choi (60), who has been running a kimchi stew restaurant for 10 years, responded this way when asked by a reporter if he knew about the Serious Accidents Punishment Act. Ahead of the main dinner hours, an employee was busy ladling boiling soup into bowls in one corner of the kitchen.

This place is a workplace with more than five regular employees, including Choi, one kitchen staff member, three serving part-timers, and one delivery rider. It falls under the expanded scope of the Serious Accidents Punishment Act, which was extended from the 27th of last month.

However, Choi seemed surprised to learn for the first time that his business was subject to the Serious Accidents Punishment Act. He said, "I’ve been too busy to keep up with the news," and asked back, "We’re not doing dangerous work like those at construction sites, so can we really be punished because of that?"

A merchant is preparing for business at a restaurant in downtown Seoul.
[Photo by Asia Economy DB]

"What is the Serious Accidents Punishment Act?"... Frequent misunderstandings

Six days after the Serious Accidents Punishment Act was expanded to apply to workplaces with 5 to fewer than 50 employees, many small business owners either do not know whether their businesses fall under the law or, even if they do, have not fully understood the related details.

Kim (48), who runs a public bathhouse in Yeongdeungpo-gu, Seoul, said he had "seen it on the news recently" but did not know the exact contents of the law. Kim said, "Minor injuries can happen anytime while working, but punishing for that seems excessive," and asked, "If an employee gets hurt due to their own fault, do I, as the owner, have to be punished?"

Some merchants are preparing to reduce staff by introducing kiosks (unmanned ordering machines) in response to the expansion of the Serious Accidents Punishment Act. Kim (43), who runs a Chinese restaurant, said, "Because of the nature of a Chinese restaurant, with sharp cooking tools and frequent use of fire, it’s hard to be sure that a major accident won’t happen, so I recently consulted with a labor attorney," adding, "Although it requires initial investment, if we introduce kiosks, we might be able to reduce one or two part-timers, so I’m looking into companies."

Experts advise that merchants do not need to have excessive concerns about the Serious Accidents Punishment Act right away. According to the Industrial Safety and Health Act, a serious accident is defined as 'an incident causing one or more deaths,' or 'an incident causing two or more injuries requiring treatment for six months or longer,' or 'an incident causing three or more occupational diseases such as acute poisoning within one year due to the same harmful factor.' Minor injuries such as cuts on fingers or burns on arms are not included in serious accidents as defined by the law.

Even if a serious accident occurs, punishment of the business owner is strictly enforced. Punishment is only possible when there is clear intent or foreseeability and causality between the business owner’s violation of duties and the worker’s death or injury.

Woo Jaewon, a certified labor attorney, said, "The basic principle is that the Serious Accidents Punishment Act requires a 'serious accident' to have occurred," adding, "It’s not that a restaurant worker getting injured will automatically lead to punishment. Misunderstandings have grown because merchants do not fully understand the law."

"Government should help business owners properly understand the law"

Workplaces subject to the Serious Accidents Punishment Act remain confused. According to a recent survey by the Korea Chamber of Commerce and Industry of 641 workplaces with fewer than 50 employees, only 22.6% responded that they had taken measures in response to the law. Conversely, 76.4% said they either "maintained the status quo without any measures" or were "reviewing measures."

The government announced on the 29th of last month that it would conduct an "Industrial Safety Diagnosis" allowing business owners of 837,000 workplaces with fewer than 50 employees nationwide to self-assess workplace risks and request support, but small business owners point out that preparations are insufficient.

Jung Dongsik, president of the National Merchants Association, said, "It would have been better if the application had been expanded gradually, but suddenly including workplaces with five or more employees has made many merchants anxious," adding, "Although some say there was a grace period, most on the ground still don’t know how to prepare and are unprepared."

Experts suggest that the government should actively distribute guidelines and help small business owners properly understand the law, especially since it is difficult for them to get help from labor experts.

Professor Lee Byunghun of the Department of Sociology at Chung-Ang University said, "Companies of a certain size or larger have labor managers and industrial safety officers who can understand the law in detail, but small business owners do not have such capacity, which causes the current problems," adding, "The government should take a much more active role in distributing guidelines for small business owners and helping them properly understand the law."