NEWS

Three Years After the Enforcement of the Serious Accidents Punishment Act, Legislative Goals Remain Unfulfilled

On Thursday, August 28, from 10:00 to 10:50 a.m., the National Assembly Research Service (NARS, headed by Chief Lee Kwan-hoo) held a press conference at the National Assembly Communication Hall to release the results of Korea’s first legislative impact analysis of the Serious Accidents Punishment Act. Marking the third anniversary of the law’s enforcement, the analysis examined whether the Act has reduced occupational accidents, ensured appropriate accountability for responsible parties, improved working environments, and raised awareness of occupational safety and health.

According to the findings, out of a total of 1,252 cases, 73% (917 cases) remain “under investigation,” showing that the Act has yet to achieve its intended goals. Case processing has been slow, while the acquittal rate (10.7%) and suspended sentence rate (85.7%) were significantly higher than in ordinary criminal cases. The average fine imposed was around 70 million KRW, raising concerns over the law’s limited effectiveness.

The impact on the reduction of occupational accidents also appears to be limited. Overall numbers of occupational accidents and fatalities showed little change, while workplaces with fewer than five employees—exempt from the Act’s coverage—experienced an increase in accident victims, underscoring the persistence of blind spots in the system. In contrast, workplaces with between 5 and 49 employees recorded a modest decline in fatality rates.

In addition, no major improvements were observed in working conditions, labor intensity, or on-site safety and health standards compared to the period prior to enforcement. However, there were some positive changes in management awareness of safety and health and in the establishment of related management systems.

Based on this analysis, the NARS recommended several improvement measures: refining the Enforcement Decree and Regulation to clarify the law’s application; 2) strengthening the expertise of investigative authorities and considering the establishment of a Joint Investigation Team; 3) creating a voluntary prevention system through both economic sanctions and incentives; and 4) establishing reasonable sentencing standards.

NARS Chief Lee Kwan-hoo stated, “It is difficult to say that the Act has fulfilled its legislative intent when occupational accidents still result in an average fine of only about 70 million KRW. Swift resolution of the accumulated ‘under investigation’ cases is essential, along with institutional reforms such as establishing a dedicated investigative system in which prosecutors, police, and the Ministry of Employment and Labor work together.”