• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.31 no.4
• /
• pp.417-426
• /
• 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
• /
• v.33 no.2
• /
• pp.23-52
• /
• 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 Korean Society of Occupational and Environmental Hygiene
• /
• v.32 no.4
• /
• pp.393-401
• /
• 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
• /
• v.18 no.2
• /
• pp.333-342
• /
• 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.

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

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.45 no.2
• /
• pp.37-47
• /
• 2022

The Act on the Punishment of Serious Accidents to Prevent Large-scale Disasters, including Ferry Sewol and Taean Thermal Power Plant, passed the National Assembly on January 8, 2021, and has been in effect since January 27, 2022. However, the law, in which the representative of the headquarters is unlimitedly responsible for each worker's accident, is somewhat unreasonable at a time when a company owns dozens to hundreds of construction sites due to the nature of the construction industry. I agree with the purpose of enacting the law to reduce chronic serious accidents at construction sites, but it is necessary to carefully reconsider the implementation of the law in that punishment alone cannot achieve industrial safety. Previous studies focused on revising the Occupational Safety and Health Act, but there are few studies on the impact on the construction industry after the implementation of the Serious Accident Act. Therefore, this study attempts to derive problems related to the application of the Serious Accident Act and present improvement measures. To this end, after analyzing previous studies, SWOT analysis was performed by applying the Delphi method to derive strengths, weaknesses, opportunities, and threats. In addition, the results of two surveys of safety experts such as public institutions, academia, and companies were reflected, and its countermeasures were presented as follows. S/O strategy: establishing on-site execution capabilities of health and safety management system; W/O strategy: expanding legal and system execution checks; S/T strategy: establishing a risk response system; W/T strategy: expanding consulting by external specialized institutions

• Journal of the Korea Safety Management & Science
• /
• v.25 no.3
• /
• pp.37-43
• /
• 2023

Since 2024, small business are also going to be ruled under the Serious Accident Punishment Act. As the scope of the law expands, the small logistics companies are required to pay more attention on preventing serious accidents on the field. Freight vehicle accidents can cause personnel accidents and cargo accidents which are the two serious accidents that the Serious Accident Punishment Act is trying to prevent. The purpose of this research are to study the factors that cause the serious accidents that happens in the small logistics companies and to suggest preventive. The results of the study shows that fall prevention is the top-priority and then driving experience, safety management, and cargo driving hours. However, the gaps between the evaluation values of each are not huge, which means all the preventives are significant.

• Journal of Distribution Science
• /
• v.21 no.6
• /
• pp.31-38
• /
• 2023

Purpose: This paper investigates how companies respond to government regulations and disasters in a risk-managed society, and aims to initiate discussions on the future prospects and challenges. Specifically, it explores how companies can plan to respond to such disasters in the future, and stresses that the law should be to protect people's lives and ensure safety, rather than to punish companies. Research design, data and methodology: The study methodology is based on a review of existing literature, as well as trend analysis through big data analysis. The research analyzes the discourse in our society regarding the enactment of the Serious Accident Punishment Act. Results: This study supports that the Serious Accident Punishment Act should be implemented in a manner that does not impede corporate activities, but rather helps to ensure the safety of citizens' daily lives. The authors call for collaboration between communities, labor unions, and companies in achieving a cooperative governance system for a safer society. Conclusions: It highlights the importance of addressing disasters and government regulations in the context of a risk-managed society, and offers insights for both companies and policymakers on how to navigate these challenges. By prioritizing safety and cooperation, we can work towards building a safer and more resilient society

• Journal of Korean Society for Quality Management
• /
• v.51 no.4
• /
• pp.607-618
• /
• 2023

Purpose: In this study, we proposed a plan to establish and implement a safety and health management system by utilizing corporate resources so that manufacturing companies can effectively respond to the Serious Accident Punishment Act. Methods: We identified critical factors and response strategies necessary for manufacturing companies to respond to the Severe Accident Punishment Act effectively and surveyed employees working at the company regarding their importance and performance. Results: In this study, we presented a method of strategically constructing the response strategies (20) shown in previous studies by matching them with the company's resources (leadership, organization, budget, education, and awareness). In particular, leadership refers to the ability of managers who can prevent serious accidents by carrying out safety and health security obligations to avoid safety and health hazards or risks to employees in the business or workplace that is controlled, operated, and managed. Conclusion: Based on the manager's firm leadership, the system's purpose and direction must be accurately set and sufficiently communicated to members. In addition, for companies to identify and improve risk factors on their own, a Process approach must be established to improve execution by referring to legal standards together with field managers and supervisors.

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