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On the 28th, a meeting of the delegation of the Justice Party is held in front of the headquarters of the National Assembly in the fast of agricultural growth requesting the Law of Sanction of Companies with Serious Disasters. The internal representative of the Justice Party Kang Eun-mi (from left to right in the first row), Kim Jong-cheol, the late Kim Yong-gyun, mother Kim Mi-sook, the president of the Kim Yong Foundation- gyun, and Lee Han-bit’s late director, Father Lee Yong-gwan. Joint coverage photo
On the 28th, the government presented a government draft to the Legislative and Judicial Committee of the National Assembly on the Law on Punishment of Companies for Severe Accidents (Severe Disaster Law), which aims to reduce the government’s liability for serious disasters that occur in industrial sites. The government also added an additional rule that delays application of the law for two years to workplaces with 50 or more and fewer than 100 employees, which is expected to result in opposition from the workforce.
According to the ministerial agreement of the Law of Severe Accidents published by the Popular Power, the government eliminated the ‘Head of the central administrative agency’ and the ‘Head of local governments’ from the sphere of management managers who demand responsibility in case of a major disaster. The government also suggested that the name of the bill be changed to ‘Law on the punishment of companies and managers in serious accidents, etc.’ He suggested. The main punishment of the law is based on the fact that the punishment of corporate managers and heads of government agencies can lead to “passive administration”.
The content of the original draft stipulating that the Minister of Employment and Labor should issue an order to suspend work without delay in the event of a major disaster has also been softened to “ be able to order to stop work, but only if there is an urgent risk of recurrence ”. . The mandatory provision that the Minister of Justice must “publish” the consequences of serious disasters has also been changed to “be published”.
The government draft retained the ‘four-year suspension for workplaces with less than 50 employees’, which the labor community opposes, and added the’ 2-year suspension for workplaces with more than 50 employees and fewer than 100 employees’. The government said: “Because it is a law that creates a new burden for companies, it is desirable to apply it in stages according to the size of the workplace.” However, controversy is likely to persist that the majority of industrial accidents and deaths occur in small and medium-sized workplaces. In January-September of this year, 966 people, or 61% of the 1,571 deaths in industrial accidents, died in workplaces with fewer than 50 workers.
In addition, the government draft has included content to reduce the burden on companies or freelancers subject to the law. The government draft revised the scope of the ‘liability for punitive damages’ clause, which stipulated ‘more than 5 times the amount of the damage’ as the amount of compensation, to ‘within 5 times the amount of the damage’. Furthermore, the scope of “public use facilities” subject to the Serious Accident Law was prescribed in the executive decree.
As a government proposal was prepared that lowered the level of punishment established in the original draft and narrowed the scope of punishment, there are also concerns that the purpose of the enactment of the Severe Disasters Act could be reversed during the process of promulgation. The government draft is scheduled to be reviewed along with other major disaster laws at the judicial committee subcommittee on the 29th.
Hong In-taek reporter [email protected]
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