Severe Accident Punishment Act should be managed differently depending on company size

The detailed status varies from company to company... Customized care required

Although it has been almost three years since the Serious Accident Punishment Act (hereinafter referred to as the Severe Accident Punishment Act) was implemented to prevent industrial accidents, accidents are still not decreasing throughout the industry, deepening the concerns of companies. Discussions on preventing serious disasters are continuing in all walks of life, but the detailed status varies depending on the size of the company and industry, so it appears that disasters are continuing in the actual field.

According to statistics from the Ministry of Employment and Labor, the total number of industrial accidents in 2022 was 136,796, of which the number of deaths reached 2,016. In particular, it was confirmed that the smaller the workplace, the more industrial accidents occur. Looking at the list of workplaces that violated mandatory industrial accident prevention measures released by the Ministry of Employment and Labor in December of last year, there were 372 workplaces with a death rate (number of industrial accident deaths per 10,000 workers) that was above average, and by size, workplaces with less than 50 employees accounted for the majority at 89.8%.

Recently, a Supreme Court ruling was issued holding employers liable for failing to fulfill their duty to prevent accidents. The court overturned and remanded the case against the Incheon Port Corporation, which was accused of causing the death of a worker by failing to properly manage safety during the construction of the Incheon Port lock gate, with a finding of guilt. (Refer to the Supreme Court ruling 2023Do14674, sentenced on November 14, 2024) It was determined that the company did not fulfill its obligation to take safety measures to prevent disasters.

In accordance with the Central Government Act, management managers, etc. must establish work procedures to identify and improve risk factors according to the characteristics of the workplace in order to prevent hazards or hazards to the safety and health of workers. Even after establishing a management system, measures are needed to minimize risks, such as checking at least once a year to see if improvements have been made. However, due to the problem of requiring human and material resources to establish a system, small-scale companies are bound to experience difficulties.

Due to this situation, small and medium-sized companies are maintaining the position that it is difficult to establish a safety and health system due to lack of human and financial conditions. In order to establish a safety and health system, it is essential to deploy professional personnel such as safety and health managers and managers and establish a dedicated organization, but unlike large corporations, small businesses inevitably face financial burdens. According to the results of a survey conducted by the Korea Chamber of Commerce and Industry on 702 small and medium-sized businesses with less than 50 employees, nearly half of small businesses (50.9%) were found to be investing less than 10 million won in their annual safety management budget. The number of companies that said they had almost no budget even reached 13.9%.

For this reason, management by company size can be considered important. Business owners must be able to fulfill their safety and health obligations in accordance with the company's operating conditions, so that more effective management can be achieved. Setting long-term goals can also be a good idea. Conducting periodic consulting and training for executives and employees can also be considered a secondary alternative to disaster prevention. However, for this to happen, improvements in policy areas, such as clarifying the scope of relevant laws, appear to be necessary.

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Serious Accident Punishment Act should be managed differently depending on company size (Shortcut)