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I have a question regarding the Enforcement Decree of the Serious Accidents Punishment Act.

Hello. After being abroad for a long time, I recently returned to Korea and set up a manufacturing factory. I was told that compliance with the Enforcement Decree of the Serious Accidents Punishment Act is more important than anything. I am curious about specifically what safety obligations there are and, if an accident occurs, to what extent the business owner is liable. Also, my workplace has fewer than 50 employees; does the Enforcement Decree of the Serious Accidents Punishment Act still apply to it?

Serious Accidents Punishment Act

Enforcement Decree of the Serious Accidents Punishment Act

Answer

Published: 2025-04-11

Author : Byung Joon KOH

Hello. The Enforcement Decree of the Serious Accidents Punishment Act imposes on the business owner or the responsible manager a duty to ensure safety and health, and if a serious industrial accident occurs as a result of a violation of this duty, criminal punishment may even be imposed.

Under the Enforcement Decree of the Serious Accidents Punishment Act, the business owner must carry out matters such as ▲identifying and improving hazardous and dangerous factors, ▲establishing and implementing a safety and health management system, ▲securing the personnel, budget, and organization necessary for accident prevention, and ▲listening to the opinions of workers and taking necessary measures.

Whether such measures were faithfully implemented in advance has a major effect on whether punishment is imposed and its level when an accident occurs.

For workplaces with fewer than 50 employees, the Serious Accidents Punishment Act has been fully in force without any grace period since January 2024, so your workplace is also subject to the Act.

The occurrence of a serious industrial accident does not unconditionally mean that the business owner is punished.

If the business owner and the responsible manager fulfilled all obligations to ensure safety and health, such as establishing a safety and health management system, in order to prevent a serious industrial accident, they are not punished even if an accident occurs.

We encourage you to establish a safety system through consulting from an attorney with legal knowledge of the Enforcement Decree of the Serious Accidents Punishment Act.