Junggi Junganghoe Recruits Petitioners for Constitutional Appeal
The constitutionality of the Serious Accidents Punishment Act (SAP Act), which is being enforced for small-scale workplaces with fewer than 50 employees, will be determined by the Constitutional Court.
According to the small and medium-sized enterprises (SME) sector on the 19th, a constitutional complaint petition regarding the SAP Act is scheduled to be submitted to the Constitutional Court on the 1st of next month. To this end, the Korea Federation of SMEs is guiding SMEs to participate in the constitutional complaint against the SAP Act and is recruiting petitioners. They are currently screening eligibility for the constitutional complaint application and plan to complete the recruitment of petitioners by the 22nd.
Kim Ki-moon, Chairman of the Korea Federation of Small and Medium Business, is speaking about the Serious Accidents Punishment Act at the New Year's press conference held on the 22nd at the Federation's office in Yeongdeungpo-gu, Seoul. Photo by Jo Yong-jun jun21@
The eligibility criteria for petitioners are corporations and representatives or individual business owners operating workplaces with 5 to fewer than 50 employees in industries other than construction, and in the construction industry, corporations and representatives or individual business owners operating workplaces with 5 to fewer than 50 employees performing construction projects with a total contract amount of less than 5 billion KRW.
The Korea Federation of SMEs also requested participants in the petitioner group to share the cost burden. Through a public notice, the Federation explained, "It is necessary to share the costs incurred from contracts with law firms and legal representatives, and it is a way to clearly express the earnestness of the SME sector that petitioners from various industries contribute to the cost of the constitutional complaint."
They added, "Regarding difficulties related to the SAP Act, the SME sector is conducting and planning various activities such as resolution rallies and media promotions," and "We ask for the participation of all SME owners."
At a New Year press conference held on the 22nd of last month, the Korea Federation of SMEs officially announced the promotion of a constitutional complaint against the SAP Act. Kim Ki-moon, president of the Federation, stated, "After consulting with labor law specialists and law firms, it was found that there is a high possibility that the SAP Act is unconstitutional," and "We decided to file a constitutional complaint in consultation with SME organization leaders."
The constitutional complaint must be filed within 90 days from the date the petitioner becomes aware of the grounds. The application of the SAP Act to workplaces with fewer than 50 employees began on January 27, so the deadline for filing the constitutional complaint is until the 26th of next month.
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