Why was the Serious Accidents Act suddenly expanded?

The expanded application of the Serious Accidents Act arose from the government's policy need to prevent serious industrial accidents that recur at industrial sites and to strengthen the responsibility of business owners.

The Serious Accidents Act was enacted in 2021 and was first implemented in 2022 for businesses with 50 or more employees, while for businesses below that number, a grace period of 2 years was provided through the supplementary provisions.

In the past, fatal accidents due to insufficient safety measures occurred frequently mainly at subcontractors or small and medium-sized workplaces, but actual punishment of business owners or management officers was difficult.

Accordingly, the Serious Accidents Punishment Act, which was first implemented for large enterprises in January 2022, has, since January 2024, been expanded to apply to workplaces with fewer than 50 full-time workers.

The 'occupational safety and health management system' required by the law is specifically set out in the Serious Accidents Act.

Its main content includes ▲the identification of harmful and hazardous factors and improvement measures, ▲the formation of an occupational safety and health management organization, ▲the designation of a person dedicated to occupational safety and health work, ▲the arrangement of procedures for the education of workers and the gathering of opinions, and ▲the taking of measures upon the occurrence of an accident and the establishment of recurrence prevention measures.

This is not a mere formal provision; it must actually be operating at the site, and if it is deficient, it may become subject to criminal punishment when an accident occurs.

If a fatality occurs, the business owner is subject to imprisonment for not less than 1 year or a fine of not more than 1 billion won.

If an injured or ill person results, imprisonment for not more than 7 years or a fine of not more than 100 million won may be imposed.

Therefore, it is very important to establish a documented system and to periodically inspect whether it is being implemented.