With the aim of addressing serious social problems raised by a higher rate of deaths and injuries due to a series of industrial disasters, the Act on the Punishment of Serious Accidents and its Enforcement Ordinance were promulgated last year.
The Act defines the “serious civil accident” as an accident due to defects in the design, manufacture, installation, and management of specific raw materials or products, public facilities, or public transportation, which causes fatalities, serious injuries and diseases requiring treatment. Under the Act effective on January 27, 2022, the employer or CEO can face a criminal punishment and heavy fine, if failing to meet the duties to prevent serious industrial and civil accidents involving fatalities and serious injuries.
Currently, the Act and its Ordinance face strong criticism and opposition from the industry as legal uncertainty and ambiguity have caused considerable fear, confusion and controversies.
