Analysis of the Serious Accidents Punishment Act in its Application to the Public Sector
I. Background and Purpose of Research
○ While companies in private sector brace themselves for the implementation of the Serious Accidents Punishment Act, entities in the public sector are left puzzled as newcomers to the realm of the industrial accident and disaster regulations.
○ To aid institutes and parties in the public sector to successfully comply with the law, research projects reviewing laws and regulations presently governing public sphere to examine their relationship with the new law are called upon.
○ This research sets out to suggest ways to comply with the Serious Accidents Punishment Act and ultimately provide ideas to better implement the law and to effectively realize the purpose of the law.
▶ The Serious Accidents Punishment Act and related Laws
○ The Serious Accidents Punishment Act maps out the overall frame for designing and running the safe and healthy management system in each organization by enumerating duties regarding human resources, budget, and establishing protocols to prevent accidents and to follow orders. rendered by the government.
○ As the Serious Accidents Punishment Act targets the ‘owner, chief executive officer, public officer, or legal person’, ambiguities arise when it comes to the public offices or organizations without legal personality.
○ The Serious Accidents Punishment Act encompasses both the industrial accidents applicable to workers and the citizen accidents for the general public.
○ The term “Serious Industrial Accident” used in the Serious Accidents Punishment Act comes from the Industrial Accident under the Occupational Safety and Health Act; however, the two laws show distinctive differences in terms of the party regulated, the group protected, the range of applicability, the accidents aimed to prevent, duties of the responsible persons, and the punishments for violations that the Serious Industrial Accidents Act can hardly be viewed as the special act stemming out of the Occupational Safety and Health Act―rather, reading the two as two separate laws on related subjects would serve as more accurate depiction.
▶ Contentious matters in applying the Serious Accidents Punishment Act to the Public Sector
○ The scope of the Central Administrative Agencies, responsibilities over overlapped municipal jurisdictions or organization without legal personality remains points for dissension.
○ Needs exist to consider new and rare types of accidents in broad spectrum from mental stability issues for office workers to various civil disasters.
▶ Suggestions for legislative improvement for implementation of the Serious Accidents Punishment Act in the public sphere
○ No discords found between the Serious Accidents Punishment Act and the Act on the Management of Public Institutions and related regulations.
○ Scope and the party responsible should be clarified by further amendments.
○ Review on the request for amendment to reflect maximum prisonment, punishment limited to repeated death, and introduction of the indemnification clause is conducted to determine legitimacy and suggestions for further amendments are provided.
○ Based on meticulous interpretation of the provisions of law and reading of the secondary sources from the government, this research provides succinct explanations on the party responsible, protected persons, types of accidents, and the scope of the law. It also provided forms and checklists to utilize in the field.
○ Until interpretations by the courts are produced, explanations and analysis provided in this report will serve as the quintessential tool to understand the newly implemented law to the untried sectors with unknown types of disasters.
○ Suggestions for amendments will also be the foundational resource for legislative improvements.