Confusion unavoidable on industrial sites

Bipartisanship failed to kick in to enable a longer grace period for small enterprises before they become subject to the Serious Accidents Punishment Act. Many workplaces employing more than five and fewer than 50 workers are not ready to comply with the law, whose grace period for smaller companies ended on Jan. 27. The governing People Power Party (PPP) accepted the majority Democratic Party (DP)’s condition of establishing a state agency in charge with industrial safety oversight in return for winning an additional two-year grace period on the last plenary session of an ad hoc assembly on Feb. 1. But the DP rejected the proposal just before the session opened.

The law now affects all companies with more than five people, including mom-and-pop stores, diners and bakeries. If anyone is killed or injured due to a lack of safety protections, the employer faces a minimum of one year in jail or maximum fine of 1 billion won ($750,000). The law was concocted on social consensus after the tragic death of a subcontractor worker at a thermal power station in 2018.

The law hastened with little regards to industrial conditions, focused on toughening punishment more than enhancing precautionary actions. It neglected the fact that workplaces needed sufficient time to ready the infrastructure and staffing to comply with the new regulations.

In a survey last November by the Korea Enterprises Federation, 94 percent of such companies answered they were not ready. Under such conditions, the law will only end up putting employers behind bars instead of reducing industrial accidents.

There are 837,000 establishments employing more than five and fewer than 50 across the nation. More than 3,500 small business owners rushed to the National Assembly to protest the move. Pleading for a longer grace period, they said that businesses could go down and jobs be lost if owners are charged.

Legal experts point out that the law could go against the principle of nullum crimen sine lege (no crime without law), because it only stipulates the punishment without specifying the duties of the business owner. Because the law’s punishment is heavier than the Industrial Safety and Health Act with weaker provisional grounds, the law also has the potential of breaking the principle of proportional justice.

Without rationalizing the law’s provisions, its effectiveness and beneficial service can be limited. The DP leadership backtracked on its earlier position even after the PPP accepted its proposal at the last minute. The DP only cited the need to protect the fundamental values of the lives and safety of workers. But the majority party cannot avoid the criticism that it ignores the pleas of small merchants so as not to irk large labor unions ahead of the upcoming parliamentary election.