• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.31 no.4
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• pp.417-426
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• 2021

Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.23-52
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• 2023

In this thesis, the domestic and foreign legislative background and legislative process of the Serious Accident Punishment Act were reviewed, and the Serious Accident Punishment Act in Korea was reviewed. In 2022, more safety accidents occurred in the construction industry than in other fields, and in particular, the most deaths occurred in the 'fall' type. In April 2023, regarding two criminal first-instance trial cases, the courts all sentenced guilty, and in one case, the representative of the company(CEO) was sentenced to imprisonment and was arrested. In response, the management side expresses the opinion that the punishment is excessive and there is a concern that corporate management will shrink, while the workers side(Union) argues that the responsibility of the business operator or manager should be strengthened by heavier punishment. As a countermeasure to overcome rationally, we present a plan in terms of legislation and resolution process. In other words, we present a review of the amendment to the Serious Accident Punishment Act and the Court Organization Act. In addition, guidelines for the a safety and health system must be implemented, and if an accident occurs, it must be dealt with reasonably. As a result, safety accidents in the construction industry should drastically decrease and safety culture should be properly established.

• Journal of the Society of Disaster Information
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• v.18 no.2
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• pp.333-342
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• 2022

Purpose: This study proposes a plan for linking the Severe Accident Punishment Act and the Occupational Health and Safety Management System so that SMEs can meet the requirements of the Severe Accident Punishment Act only by maintaining and implementing the Occupational Health and Safety Management System. Method: Conduct a theoretical approach, such as a literature review. First, as a theoretical approach, the safety and health management system of the Serious Accidents Punishment Act was examined, the requirements of ISO 45001 were analyzed, and the statistics of small and medium-sized enterprises (SMEs) from 5 to 49 to which the 2024 Serious Accidents Punishment Act was applied and the number of accident deaths were investigated. Result: No problems were found in linking with the Serious Accident Punishment Act when constructing Occupational health and safety management systems (ISO 45001). Conclusion: It is judged that the establishment of Occupational health and safety management systems (ISO 45001) and management of implementation performance will be able to satisfy the Act on the Punishment of Serious Disasters.

• Journal of the Society of Disaster Information
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• v.18 no.3
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• pp.660-671
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• 2022

Purpose: This study is intended to confirm the business disruptive risk in the Serious Accidents, and propose a plan to comply with the Serious Accidents Punishment Act through the Disaster Mitigation Activity Management System. Method: Through literature review and case studies, the requirements and characteristics of each of the Serious Accidents Punishment Act, the Disaster Mitigation Activity Management System, and ISO 45001 were compared and analyzed, and implications were derived. Result: The business disruption and financial adverse effects caused by industrial accidents were identified. Based on this and by using the Disaster Mitigation Activity Management System, measures to link the documentation requirements of the the Serious Accidents Punishment Act to the Disaster Mitigation Activity Management System, and to manage the implementation records of the Serious Accidents Punishment Act's duty were derived. Conclusion: When establishing and operating the Disaster Mitigation Activity Management System, it can not only comply with the Serious Accidents Punishment Act but also contribute to maintaining business continuity and ESG management through the prevention of various disasters and the minimization of secondary damage, etc.

• Journal of the Society of Disaster Information
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• v.19 no.2
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• pp.372-382
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• 2023

Purpose: Suggests measures to improve the construction company's safety management system according to the enforcement of the Severe Accident Punishment Act. Method: The effectiveness of practice-oriented disaster prevention activities was analyzed through safety and health diagnosis of the level of safety and health management system for the countermeasures against the Severe Accident Punishment Act implemented at the construction site and headquarters. Result: The effect of reducing the accident rate and the advancement of the safety and health management system were analyzed by linking the Severe Accident Punishment Act with the safety and health management system, and a plan to improve the safety and health management system was presented through the analysis of the comprehensive results of safety activities before and after the implementation of the Severe Accident Punishment Act. Conclusion: The effect of practical performance measurement was manifested through the improvement of business owners' awareness, the expansion of investment for disaster prevention, and the quantification of disaster prevention activities according to the enforcement of the Severe Accident Punishment Act.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.4
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• pp.393-401
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• 2022

Objectives: OHSMS, which was introduced by Serious Accident Punishment Act as a means for safety and health management at work place, but it is not effective according to recent statistical data. Therefore, I intend to compare the OHSMS regulations of SAPA based on ISO 45001, the international standard of OHSMS, and examine the differences and problems. Methods: The OHSMS regulation of Serious Accident Punishment Act was compared and analyzed using the content standard of ISO 45001, the international standard of OHSMS. The construction and operation aspects and differences in key concept definitions of OHSMS were analyzed in depth. Results: ISO 45001 aims to provide OHSMS with an autonomous framework to manage risks and opportunities in safety and health management, whereas Serious Accident Punishment Act aims for safety and health management through an interest and effort in safety and health management on the premise of legal responsibilities of corporations and CEO. As a result, comparing to ISO 45001 in construction and operation aspects and differences in key concept definitions of OHSMS, the OHSMS of Serious Accident Punishment Act do not cover the entire business in concept definition and construction. Conclusions: In order for Serious Accident Punishment Act to achieve its original purpose of preventing serious accidents through systemic safety and health management, it is necessary to correctly understand the contents of ISO 45001 and to revise the OHSMS regulations in a direction that can ensure predictability and feasibility.

• Journal of the Society of Disaster Information
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• v.18 no.3
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• pp.507-519
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• 2022

Purpose: This study propose efficient and practical measures to comply with the duty to secure safety and health of the Serious Accidents Punishment Act at small businesses. Method: Based on literature review and previous studies, a plan to comply with the Serious Accidents Punishment Act was reviewed by the link with the safety and health management system and using the process approach method, etc. Result: It was confirmed that if the safety and health management system is faithfully implemented, it is possible to comply with the duty to secure safety and health under the Serious Accidents Punishment Act. In addition, a methodology for fulfilling and inspecting the duty to secure safety and health was presented. Conclusion: If the safety and health management system is operated actively by utilizing the process approach and implementation inspection checklist, it is judged that it will be possible to comply with the Serious Accidents Punishment Act as well as to continuously improve the safety and health management system.

• Journal of the Korea Institute of Construction Safety
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• v.5 no.1
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• pp.25-30
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• 2023

The Serious Disaster Punishment Act, which has been in effect since January 27, 2022, requires employers or management managers who neglect safety measures to be punished by imprisonment for more than one year in the event of a serious disaster. As this Act on the Punishment of Severe Disasters came into effect this year, it has received a lot of attention from society. According to experts, most of the opinions are that the bill was created focusing on increasing punishment for companies, contrary to the original purpose of the bill to reduce the safety accident rate. This study confirmed whether these contents were true through case studies, and if this continues, the conflict between companies and workers will intensify and the safety accident rate will not decrease. Therefore, this study does not unconditionally increase corporate punishment, but compares many situations through surveys and suggests a way for companies and workers to cooperate with the Critical Accident Punishment Act to reduce the safety accident rate.

• The Journal of the Convergence on Culture Technology
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• v.9 no.4
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• pp.543-548
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• 2023

Korea has achieved great economic growth, but the high rate of accidents in the industry still threatens the safety of workers and causes a lot of property loss. In order to lower the accident rate, the Occupational Safety and Health Act was fully revised in April 2020 and safety management was strengthened, but the number of deaths rather increased. In response, the government and the National Assembly implemented the Serious Accident Punishment Act in January 2022, but the effect has not been confirmed. So, this study conducted a questionnaire survey on how the safety awareness of construction site workers and managers was affected after the Serious Accident Punishment Act. and suggested measures to improve safety management.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.11a
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• pp.122-123
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• 2023

About 1 year and 7 months have passed since the Serious Accident Punishment Act was implemented, and although many studies have been conducted on the definition and policy of the Act, almost no research has been conducted on its impact on the logistics industry. In particular, research on the PDI (PRS) process within finished vehicle logistics is severely lacking ‥‥‥. The government is expecting to expand the scope of punishment and upgrade the safety management system through the Serious Accident Punishment Act, but if you check the industrial accident data issued by the Ministry of Employment and Labor in 2022, the number and rate of industrial accidents will increase compared to 2021