Legal Q&A
Q
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Hello. I am the head of a business that I operate. It is true that, since the Serious Accidents Punishment Act came into force, it has been somewhat burdensome from a business owner's perspective. Could I possibly find out the reason why this Serious Accidents Punishment Act was enacted? And I am also curious about how it differs from the previously enforced Occupational Safety and Health Act.
Serious Accidents Punishment Act
Serious industrial accident
Occupational Safety and Health Act
Answer
Published:
Author : Byung Joon KOH
You have asked about the Serious Accidents Punishment Act.
As fatal accidents caused by industrial accidents and fatal accidents caused by civil disasters have increased, this has emerged as a social problem.
It was determined that these continuing fatal accidents were due to the absence of a system for systematically managing safety and health, and the Serious Accidents Punishment Act was therefore enacted.
It was enacted so that, by punishing management officials and individual business owners who violate safety or health duties, a company's safety management system can be established, and the safety of workers and citizens can be promoted.
You also asked about the difference from the Occupational Safety and Health Act.
The purpose of the Occupational Safety and Health Act is to systematically manage standards for industrial safety and health, thereby preventing industrial accidents.
The Occupational Safety and Health Act is a law that stipulates specific safety and health standards for a 'workplace,' the business owner's duty to take measures, and the person responsible for industrial accidents at the relevant workplace.
In contrast, the Serious Accidents Punishment Act specifies, when the business owner of the 'relevant business or workplace' is a corporation or institution, the safety and health assurance duties that the management official must comply with.
The content of the statute stipulates the establishment and operation of a safety and health management system, as well as the management measures necessary to fulfill the duties under safety and health-related statutes.
Because the Serious Accidents Punishment Act and the Occupational Safety and Health Act are strictly enforced for the safety of workers and citizens, we recommend that you prepare by obtaining legal advice from an attorney specializing in serious accidents.

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Byung Joon KOH
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Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

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Experience as a division chief prosecutor [corporate litigation] at the Seoul Western District Prosecutors' Office · Attorney specializing in criminal law, sex crimes, and military criminal law
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