Reasons for Proposal
Although occupational accidents such as the Guui Station Screen Door Death Accident in 2016 and the death at the Taean Thermal Power Plant of Korea West Power as well as social disasters such as the humidifier disinfectant scandal and sinking of MV Sewol have long been pointed out as inveterate social issues, the deaths and injuries caused by occupational accidents and civil disasters have not been reduced.
A person who uses any construction material emitting pollutants in excess of the standards is punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won under the current “Indoor Air Quality Control Act,” and a railroad operator who performs work related to construction or management or railroad facilities without assigning a railroad operational safety manager is punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won under the “Railroad Safety Act,” thus imposing very light punishment for violation of safety and health-related obligations under the current laws. In addition, even though the “Occupational Safety and Health Act” stipulates that a person who causes a worker to die in violation of safety measures, etc., is to be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding one hundred million won, grave accidents continue to occur.
This reality demonstrates that administrative responsibility under the current laws alone cannot prevent infringement of human rights and dignity, and thus, a system that calls for strict criminal responsibility is required to prevent the occurrence of such grave accidents.
In this respect, it is absolutely essential to enact a so-called “Act on the Punishment of Businesses for Grave Accidents,” such as the “Bill on the Punishment of Businesses and Responsible Persons for Grave Accidents” (Bill No. 2100377) sponsored by lawmaker Kang Eun-mi, the “Bill on the Punishment of Businesses and Responsible Government Officials for Grave Accidents'' (Bill No. 2105290) sponsored by lawmaker Park Joo-min, the “Bill on the Punishment of Businesses and Responsible Government Officials for Grave Accidents'' (Bill No. 2105421) sponsored by lawmaker Lee Tan-hee, and the “Bill on Strengthening the Responsibility of Businesses to Prevent Grave Accidents” (Bill No. 2106019) sponsored by Lawmaker Lim I-ja.
However, if a grave accident occurs in violation of the “duty to prevent harm and risk” and the “duty to take safety and health measures” stipulated in each of the legislations proposed as above, criminal penalties are imposed on employers, businesses, public officials, etc., and thus, it is necessary for laws to clearly define the contents of the relevant duties from the aspect of the “principle of certainty.”
In addition, since the prosecutor has the burden of proof for the facts of a crime in criminal proceedings under the general principle of criminal litigations, it is necessary to carefully review the introduction of regulations that presume a grave accident, etc., has occurred in violation of the “duty to take safety and health measures.”
Accordingly, prescribe the duties pertaining to safety and health that an employer is required to perform as the “duties of safety and health measures, etc.,” prescribe the said duties as the “duties of management, measures, supervision, inspection, response, etc. for safety or health set under this Act enacted to prevent various risks in safety and health or individual acts,” and clearly design the details of duties related to safety or health that an employer, etc., is required to perform, and delete the provision on the presumption of causation in the bills currently under proposal from the aspect that prosecutors must prove the crime in connection with grave occupational accidents arising from a violation of the “duties of safety and health measures, etc.,” under the general principle of criminal litigation.
Details
A. The Act aims to prescribe punishment against corporations, employers, management personnel, and public officials in the event death or bodily injuries occur in violation of their duty of safety measures or health measures while operating a business or workplace, public facilities, and public means of transportation or while handling hazardous raw materials or products, so as to protect the life and body of the citizens and workers and secure public safety (Article 1).
B. The "duties of safety and health measures, etc.," mean the duties of management, measures, supervision, inspection, response, etc., for safety or health set under this Act enacted to prevent various risks in safety and health or individual acts (Article 2, subparagraph 7).
C. The employer, management personnel, etc., have the duty to prevent hazards and prevent any harm to the life, bodily safety or health of employees in a business or workplace owned, operated, managed or ordered by the employer, institution, or corporation, and where the employer, corporation, and agency has leased, outsourced, or subcontracted out the above safety measures or health measures to a third party or where the relevant facility or equipment has been consigned for the consignee to hold the duty of operation and management, impose the joint duty of safety measures and health measures on a third party or consignee and the employer or management personnel (Articles 4 and 4).
D. In cases where an employer or a manager, etc., violates the duties of safety and health measures, etc., and causes a person to die, etc., subject the employer or the manager, etc., to criminal punishment, such as imprisonment with prison labor for at least two years, and impose a fine on the employer or the manager, etc., who violates Article 6 (Articles 6 and 7).
