Reasons for Proposal
Reason for proposal
Construction work has a different working environment from other industries since it has various construction participants and construction objects (buildings, roads, railroads, etc.) such as order placement, design, construction, supervisors, etc., performed by multiple construction operators in the same sites at the same time, and construction machinery and construction workers are changed in the sites from time to time.
Especially, in order to reduce accidents in construction sites, subjects such as client and constructor, which have relatively high authority, shall bear equivalent responsibility. Still, the trend is that subcontractors and construction workers with low authorities bear the actual responsibility for accidents.
Therefore, the draft is intended to reduce the risks of construction accidents using the method wherein the corresponding responsibility for safety control is assigned to each construction participant with the provision of adequate construction budget and time by the client and with the responsibility of the constructor for safety control, equivalent responsibility is borne in case of occurrence of construction accidents, and investments are first made in safety control with the expansion of the perception that the costs of damages caused by accidents are larger than the costs of prevention.
Main content
A. The client shall provide designers, constructors, and supervisors with adequate time and budget to perform the corresponding work in consideration of safety as the first priority, and private construction shall be reviewed by the heads of competent licensing agencies in terms of the adequacy of construction time and budget (Article 8 of the draft).
B. The constructor who makes a contract directly with the client shall assume responsibility for the safety control of the corresponding sites, directly install safety facilities to be used by construction business operators of plural work, and make adjustments so that dangerous work is not concurrently performed in the sites (Article 15 of the draft).
C. The supervisor shall confirm that constructors observe the safety rules stated in the design drawings and safety control plan, etc., suspend construction if there are concerns of accidents, and, if constructors do not follow the construction suspension order, report the fact to the order-placement authority or licensing agencies (Article 17 of the draft).
D. The construction business operator shall purchase disaster insurance to compensate corresponding workers for damages caused by occupational accidents, the client shall bear the burden of insurance, and the insurance premium shall be differentially calculated depending on the history of accidents of the construction business operator (Article 31 of the draft).
E. The construction business operator, construction engineering business operator, or architect who caused death due to negligent safety control shall be punished by suspension of business for up to one (1) year or penalty proportional to the sales amount (Articles 34 and 35 of the draft).
F. If the client, designer, constructor, or supervisor causes death due to negligence in safety control under the Act, he/she shall be punished by imprisonment for up to seven (7) years or fine of up to KRW 100 million (Article 39 of the draft).
