• 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 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.

• Safety and Health at Work
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• v.13 no.1
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• pp.1-2
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• 2022

• 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 Safety Management & Science
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• v.25 no.3
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• pp.37-43
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• 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.

• The Journal of the Convergence on Culture Technology
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• v.8 no.6
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• pp.733-739
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• 2022

A survey was conducted on safety and health managers to analyze what change have occurred in the safety health management system of companies since the enforcement of the Serious Accidents Punishment Act. As a result, it was confirmed that most of the safety and health budgets increased, and most of the safety and health organization operations and safety and health tasks were strengthened. However, further research is needed to see if this has a practical effect on worker safety and reduction of serious accidents, and realistic measures are needed to allow safety and health managers to focus on practical helpful tasks rather than formal ones. In addition, it was confirmed that active support from business owners or management managers and strengthening education on the Serious Accidents Punishment Act were needed through cross-analysis between the education of the Serious Accidents Punishment Act and positive change in safety and health.

• 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 Korea Institute of Construction Safety
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• v.5 no.1
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• pp.17-24
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• 2023

The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

• Journal of the Society of Disaster Information
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• v.18 no.3
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• pp.470-477
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• 2022

Purpose: As the Act on Punishment of Serious Accidents came into effect in January 2022, it is becoming a big social issue in the labor and management circles. The purpose of this law is to analyze problems and suggest improvement plans so that the purpose of protecting lives and bodies by preventing major accidents can be met. Method: The main contents of the relevant law were identified, and the current application status of the currently enforced law and problems by law were analyzed. Result: Currently, more than 50 accidents have occurred and they have been classified as serious accidents, and no punishment has been imposed under the relevant laws. There are four major problems: 1) the issue of equity in the applied workplace, 2) the lack of clarity in some legal provisions, 3) the issue of entrusting the obligation to secure safety and health to private organizations, and 4) the issue of excessive punishment regulations. was analyzed as. Conclusion: As the law is in the early stages of enforcement, there are trials and errors, but revisions are necessary through the efforts of the labor and management circles to meet the establishment and purpose of the law.