COURT GUIDELINES ON INDUSTRIAL ACCIDENTS

입력 2021.01.13 (15:01) 수정 2021.01.13 (16:45)

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[Anchor Lead]

A revised Occupational Safety and Health Act took effect from last year which holds business owners more strictly accountable for industrial accidents. But critics have complained actual punishment was still insufficient. The Supreme Court has laid out new guidelines on ramping up related sentencing.

[Pkg]

​Subcontract worker Kim Yong-kyun died in late 2018 while carrying out night shift duty alone, when the company rule requires a team of two people. Following the incident, a revised law on occupational safety has been implemented since last year. Business owners are subject to a maximum 7-year prison sentence or fines of up to 100 million won when a violation of law leads to an employee’s death. However sentencing standards referred to in actual court trials stopped short of prison terms of less than 18 months. Critics have been pointing out sentencing should match the objective of law to hold business owners more accountable. A Supreme Court commission presented new guidelines on sharply raising sentencing standards. The basic prison term will be raised from one year to two and a half while additional sentencing dependent on aggravating factors has also increased. A second offense within five years, repetition of similar accidents or a large number of victims will be newly considered for punishment subject to a maximum 10 years and 6 months behind bars. Payment of deposits in return for lighter sentencing will be ruled out to enforce more effective penalties. Turning oneself in and whistleblowing will be factored in for mitigated sentencing to encourage cooperation in investigations. However labor circles are concerned actual punishment may still be light.

[Soundbite] HAN SANG-JIN(KOREAN CONFEDERATION OF TRADE UNIONS) : "Raising the recommended scope of sentencing is positive but jail terms of 12-30 months can still be suspended in execution."

The Supreme Court sentencing commission will hold a public hearing next month and finalize the guidelines by late March.

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  • COURT GUIDELINES ON INDUSTRIAL ACCIDENTS
    • 입력 2021-01-13 15:01:28
    • 수정2021-01-13 16:45:22
    News Today
[Anchor Lead]

A revised Occupational Safety and Health Act took effect from last year which holds business owners more strictly accountable for industrial accidents. But critics have complained actual punishment was still insufficient. The Supreme Court has laid out new guidelines on ramping up related sentencing.

[Pkg]

​Subcontract worker Kim Yong-kyun died in late 2018 while carrying out night shift duty alone, when the company rule requires a team of two people. Following the incident, a revised law on occupational safety has been implemented since last year. Business owners are subject to a maximum 7-year prison sentence or fines of up to 100 million won when a violation of law leads to an employee’s death. However sentencing standards referred to in actual court trials stopped short of prison terms of less than 18 months. Critics have been pointing out sentencing should match the objective of law to hold business owners more accountable. A Supreme Court commission presented new guidelines on sharply raising sentencing standards. The basic prison term will be raised from one year to two and a half while additional sentencing dependent on aggravating factors has also increased. A second offense within five years, repetition of similar accidents or a large number of victims will be newly considered for punishment subject to a maximum 10 years and 6 months behind bars. Payment of deposits in return for lighter sentencing will be ruled out to enforce more effective penalties. Turning oneself in and whistleblowing will be factored in for mitigated sentencing to encourage cooperation in investigations. However labor circles are concerned actual punishment may still be light.

[Soundbite] HAN SANG-JIN(KOREAN CONFEDERATION OF TRADE UNIONS) : "Raising the recommended scope of sentencing is positive but jail terms of 12-30 months can still be suspended in execution."

The Supreme Court sentencing commission will hold a public hearing next month and finalize the guidelines by late March.

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