Pointing out ambiguities such as management and scope of responsibility… “Too much punishment”
Labor world “If you link to the Sanan Act, the contents are clear… It’s time to check the effectiveness”
On the 27th, the Severe Accident Punishment Act, which marks one year since its implementation, the business world, management world, and labor world clashed over the clarity of the law. The business and business world said that the legal scope of ‘management manager’ and ‘safety and health measures’ were lacking in clarity. The labor community said that the content of the law is clear enough when linked with the Industrial Safety and Health Act, and that it is too early to talk about the effectiveness of the law as no actual punishment has been carried out.
On the afternoon of the 26th, the Ministry of Employment and Labor held a ‘Discussion on the Implementation Status and Tasks of the Severe Accident Act’ at the Royal Hotel Seoul, Jung-gu, Seoul. Attendees agreed that the current Severe Disaster Act “is not satisfying anyone.” Jeon Hyung-bae, a professor at Kangwon National University School of Law, said, “The business world is collectively expressing its intention that it cannot abide by the law, and the labor world is raising its voice for stronger punishment.” There is no one,” he said.
Regarding the issue of the Severe Disaster Act and its alternatives, the opinions of the business, management and labor worlds were divided into polarities. The business world saw the law as ambiguous and excessively punishment-oriented. Lim Woo-taek, head of the safety and health headquarters of the Korea Employers Federation, said, “Compared to the excessiveness of the punishment, many provisions such as the concept, scope of application, and scope of responsibility are unclear.” We have to switch,” he said.
It took issue with the ambiguity of Article 4 of the Act, which mandated the establishment of a safety and health management system and measures to implement it. Seo Jeong-heon, head of the Human Resources Policy Office at the Korea Federation of Small and Medium Business Administration, said, “Even experts are divided in their judgments regarding measures against harmful and risk factors stipulated in Article 4.”
The labor world said that the duties of the management manager stipulated by the Severe Disaster Act were clear. Kim Gwang-il, head of the Occupational Safety and Health Headquarters of the Federation of Trade Unions, said, “The Severe Accident Act clearly clarified the duty to ensure safety and health of management managers through enforcement decrees.” It is a side effect that has retreated.”
Some pointed out that it is too early to push for the revision because of the effectiveness of the law. Choi Myung-seon, head of the Labor Safety and Health Office of the Korean Confederation of Trade Unions, said, “The Severe Disaster Law, a punishment law, should be judged after the trial results are accumulated, and it is absurd to discuss the effectiveness of an unenforced law.” We need to pursue practical and fundamental preventive measures for reduction.”
It was also pointed out that the investigation of violations of the Serious Disaster Act was insufficient. Choi Jeong-hak, a professor of law at Korea National Open University, said, “The Ministry of Labor has sent too few prosecution opinions, and there is not a single case of prosecution of large companies.”