“The Act on Punishment of Serious Accidents is the Industrial Safety and Health Act for Business Managers”

▲ On the afternoon of the 22nd, a discussion was held at the National Assembly Hall in the afternoon of the 22nd, hosted by Park Dae-soo, People’s Power, how to establish the Law on Punishment of Serious Disasters.

Vice Minister of Employment and Labor Park Hwa-jin predicted that if the Act on Punishment of Serious Accidents, etc. (Severe Accident Punishment Act) goes into effect in January next year, the next government will reduce the number of deaths from industrial accidents, which is about 1,000, by half. In order to see the effect of the Serious Accident Punishment Act to dramatically reduce the number of deaths from industrial accidents, it is most important to investigate the causal relationship between serious accidents. This is because it is necessary to determine the cause of the disaster to prevent similar accidents in the future. If the investigation becomes a process for exempting the person in charge of management, industrial accident deaths will inevitably be repeated even with the enforcement of the Serious Accident Punishment Act.

In the afternoon of the 22nd at the National Assembly House of Representatives’ discussion on ‘How to settle the Severe Disaster Punishment Act,’ Professor Kwon Hyuk of Pusan ​​National University Law School predicted, “The cost of the investigation will be large.” According to Professor Kwon, the Act on Punishment of Serious Accidents is the ‘Occupational Safety and Health Act for Business Managers’. This is because the Occupational Safety and Health Act, designed with a focus on safety engineering, is the domain of safety and health experts, while the Act on the Punishment of Serious Accidents is a law that stipulates what business managers can and must do for safety. Professor Kwon said, “As the Serious Accident Punishment Act has strict criminal punishment regulations, there is a problem that the conditions of detention should be clearer, but there is a problem that it is ambiguous. The Severe Accident Punishment Act, which comprehensively stipulates the duties of a business manager, should be approached in terms of conceptual clarity.” “The Serious Accident Punishment Act is meaningful in that it raises the question of why the safety and health obligations of business managers do not work properly,” he said. “The message of this law should be focused on prevention, not punishment.” did.

Attorney Jinwon Choi (Pacific Law Firm), who spoke on the topic of ‘Practical Issues Related to the Punishment of Serious Accidents Act’, said, “If there is a safety and health executive (CSO), the issue of whether or not the CEO is exempt from immunity is still an issue.” He said, “I take the position that the relationship between the health executive and the CEO is not selective, but if the CEO is punished just because he represents and oversees the business, it goes against the principle of accountability under the criminal law.”

Representative Park Dae-soo, who hosted the debate, said, “In-depth discussions were held on the structural problems and issues of the Serious Accident Punishment Act, practical problems, and the direction of future supplementary legislation. I will work hard for it.”

Reference-www.labortoday.co.kr

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