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The Severe Accident Managers Punishment Act (Severe Disaster Law), which the business community has opposed as highly susceptible to double sanctions, is expected to be much more relieved than the ruling party’s initiative. For workplaces with fewer than 50 to 100 employees, enforcement of the law will be postponed for two years, and the punishment for punitive damages will also be reduced from five to five times the amount of damages initiated by the Democratic Party. In addition, in case of breaching security obligations, it is effective to eliminate the presumed causal relationship.
According to the Democratic Party on the 28th, the government handed over to the Democratic Party an amendment to the Serious Accidents Law, which synthesized the opinions of each ministry, including the Ministry of Justice, the Ministry of Employment and Labor and the Ministry of Small and Medium Company. The amendment was drafted based on the proposal initiated by Democratic Party legislator Park Joo-min, and included the opinion of the amendment in response to virtually every provision of the bill’s name and a phrase reflecting it. This means that the government presented the opinion of a “complete amendment” on the bill that the ruling party is promoting. The controversial management manager’s comprehensive obligations, causation estimates, contractor-contractor joint liability, and punishment provisions for civil servants should actually be changed, and small business owners have suggested they should be further excluded. beyond the trial period of law enforcement.
It was noted that it violated the principle of presumption of innocence, and was of the opinion that the ‘presumption of causation’ clause, which caused the most controversy, should be eliminated at all. The bill initiated by Congressman Park requires that if there is a precedent that a business owner violated safety and health obligations in the past, even if liability for an accident has not been proven, the Department of Justice may contradict the “presumption of innocence” and relevant regulations. It is difficult to see it as a content that in itself can estimate a causal relationship ”.
The view was also expressed that small and medium-sized SMEs should be excluded from the scope due to project size. Based on this plan proposed by the government, the Democratic Party will hold the so-called Judicial Council on the 29th to discuss specific plans.
[이석희 기자]Apply the Severe Disaster Act only with the history of safety negligence … The ‘estimation of causation’ seems to be eliminating the toxin clause
Interim Agreement on the Serious Disasters Act of the Party
Public officials are not subject to punishment
As a variable of possibility of repulsion by justice
As the government issued a revised opinion on the Major Disaster Punishment Act (Serious Disaster Law) that the ruling party is promoting, the focus is on whether such views will converge as an end result.
Also, there were many opinions within the Democratic Party that the review was necessary, and the government is holding back and is very likely to lead to a major review. While the Justice Party, which initially claimed the bill earlier in the process, is expected to oppose it, there are concerns that the bill could become an irregular bill that did not make use of the bill. purpose of the bill.
Under the government’s proposed amendment to the Democratic Party on the 28th, the government first expressed an opinion that the name of the bill should be changed. The name of the bill initiated by Democratic Party lawmaker Park Ju-min is the “ Law on Punishment of Corporate and Government Directors for Serious Accidents ”, and the government said it should be amended to “ Law on the punishment of companies and business managers in serious accidents, etc. ”
In this regard, the government made amendments to exclude central administrative agencies, heads of local governments, and public officials from the issue of punishment. This is because, unlike private companies, the heads of central administrative agencies and local governments have weak “management and control”, which makes accountability difficult and leads to passive administration.
Regarding the provision to sanction public officials who have the right to license the business in which the disaster occurred, he said: “It is difficult to see that you have the real authority of command and supervision just because you are the approval authority” and “I am concerned about avoiding work due to frequent lawsuits against public officials.”
Both the Ministry of Justice and the Ministry of Employment and Labor expressed the opinion that it is necessary to clarify the duty of safety and health measures of employers and managers, which were criticized for being too exhaustive. The obligations were specified by clarifying the provisions instead of the currently proposed draft, and more detailed issues were stipulated in the implementing decree.
Furthermore, the Ministry of Justice and the Ministry of Employment suggested that the Ministry of Justice and the Ministry of Employment should carefully review the ‘Joint Liability’ provision, which requires the owner of the original contractor to be punished in the event of an accident at the site. where the original contractor worked.
Meanwhile, opposition from the Justice Party appears to be a variable. The Justice Party, which has been fasting for the 19th, which was asked to enact a law, has voiced its opposition to the withdrawal of the bill by the Democratic Party.
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