Constitutional Court Decides to Refer Constitutional Complaint on Serious Accidents Punishment Act for Trial

The Constitutionality Will Be Determined Through the Main Trial

The Korea Federation of Small and Medium Business (Kbiz) announced on the 17th that the Constitutional Court has decided to refer the constitutional complaint regarding the Serious Accidents Punishment Act, filed by the small and medium business sector on the 1st, to the full bench.

The constitutional complaint was filed by nine small and medium business organizations, including Kbiz, and 305 small and medium enterprises and small business owners from across the country.

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 Serious Accidents Punishment Act stipulates that if a serious industrial accident such as a fatality occurs, the business owner or management responsible may be sentenced to imprisonment for more than one year or fined up to 1 billion KRW. The law was applied to workplaces with 50 or more employees starting January 27, 2022, and to workplaces with fewer than 50 employees from January 27 of this year.

The Constitutional Court reviews the admissibility of the case within 30 days through a designated panel of three justices and then decides whether to refer it to the full bench. This referral decision indicates that the complaint is deemed admissible and that the Court intends to examine whether the contents of the Serious Accidents Punishment Act comply with the Constitution.

Kbiz explained that this constitutional complaint is not intended to evade the application of the Serious Accidents Punishment Act but to demand clarification of the provisions in accordance with the principle of legality and rationalization of punishment based on the principle of responsibility.

Previously, a constitutional review request filed by a small business in November last year was dismissed, and this is the first time the Constitutional Court will conduct a substantive review regarding the obligations and penalty provisions of the Serious Accidents Punishment Act.

Lee Myung-ro, Head of the Human Resources Policy Division at Kbiz, stated, “Considering the unbearable burden on small and medium enterprises and small business owners caused by the enforcement of the Serious Accidents Punishment Act, the decision to refer the case is natural,” and added, “We hope the Constitutional Court will definitely rule the broad and vague obligations and excessive punishments as unconstitutional.”