Rep. Kang Eun-mi proposes amendments to the Serious Accident Punishment Act

▲ Kang Eun-mi, Justice Party lawmaker’s office

Kang Eun-mi, a member of the Justice Party, has proposed an amendment to the Act on Punishment of Serious Accidents (Severe Accident Punishment Act) that expands the scope of application, protection, and scope of serious disasters. Rep. Kang held a press conference at the National Assembly Communication Center on the afternoon of the 25th and made this statement.

The amendment expanded the scope of application of the law to all workplaces and deleted the grace period. Currently, businesses with fewer than 5 employees are not subject to the law. Businesses with fewer than 50 employees will be suspended until 2024. In addition to life and body, the protection included mental health. Field trainees were added as a target of protection. An employer who hired Hong Jeong-un, who died while diving to remove barnacles under a boat at a boat company in Yeosu, South Jeolla Province, is not subject to punishment under the Serious Disaster Punishment Act. Mental health as well as life and body were added to the protection target.

The scope of serious disasters has been expanded. We expanded the scope to all users by removing the phrase ‘harmful to the human body’ from the phrase targeting users who handle ‘harmful to the human body’ raw materials or products. The term ‘acute poisoning’ was removed from the phrase ‘acute poisoning or other occupational diseases prescribed by Presidential Decree occurred within 1 year’ from the phrase ‘acute poisoning’ was prohibited from limiting serious industrial accidents to acute poisoning. In order to allow sites such as the Gwangju Hakdong Collapse accident to be included in the scope of serious civil disasters, the phrase ‘disasters caused by defects in safety management and harmful risk prevention at the construction site and adjacent places, and resulting environmental problems’ have been added. . Chartered bus transportation business has been added to users of public transportation that are subject to punishment.

The person to be punished has been clarified. The person in charge of management is limited to those who have the authority and responsibility to represent and manage the business. Persons who are not registered as business managers and who are in a position to influence or substantially engage in business are also included. The ordering party was added as a target of safety and health security obligations. Penalties for civil servants were also included. This is the reason why accidents occur again due to the close relationship with public officials during the supervision process during the licensing process and the neglect of supervision and supervision by public officials.

The lower limit of statutory punishment has been raised to three years in case a serious accident occurs due to a violation of safety and health obligations by a business owner or manager. A new lower limit on the fine was added and the upper limit was removed. The penalty was imposed based on the previous year’s sales or income. A new lower limit of three times the minimum amount of damage was also included in the punitive damages provisions.

Lawyer Kwon Young-guk (Haewoo Law Firm) said, “Ahead of the enforcement of the Serious Disaster Punishment Act, how to avoid its application is being discussed. Rep. Kang urged large parties to discuss the amendment, saying, “The Act on the Punishment of Serious Disasters is a law that protects lives.”

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