Chapter 1 Overview

1.
Status of Compliance with the Serious Accident Punishment Act for Small and Medium-Sized Construction Companies
2.
Laws and regulations related to safety and health obligations
3.
Overview of safety and health obligations
4.
Current Status and Implications of the Serious Disaster Punishment Act

Chapter 2: Investigative Response Plan in the Event of a Major Disaster

1.
outline
2.
Various responsibilities through criminal procedures
3.
How are major industrial accident investigations conducted?
4.
Basic concepts of step-by-step response
5.
Basic Investigative Response Strategy
6.
Initial Investigation Stage Response Guidelines
7.
Response guidelines for each stage of the investigation
8.
Response guidelines for the investigation conclusion stage
9.
Agreement and industrial accident insurance claim
10.
Media Response Tips
11.
Key legal issues regarding violations of the Occupational Safety and Health Act and the Serious Accident Punishment Act

Chapter 3: Establishment and Implementation of an Occupational Safety and Health Management System

1.
Setting safety and health goals and management policies
2.
Establishment of a dedicated organization to oversee and manage safety and health affairs
3.
Establishing procedures for identifying and improving hazardous and risk factors, inspecting them, and taking necessary measures
4.
Budget allocation and execution for securing personnel, facilities, and equipment necessary for safety and health to prevent disasters and for improving hazards and risks.
5.
Support for the faithful performance of duties by safety and health management officers, etc. (granting authority and budget, establishing evaluation criteria, and evaluating and managing)
6.
Placement of specialized personnel such as safety managers and health managers in accordance with the Industrial Safety and Health Act
7.
Establishing procedures for listening to employee opinions, listening to them, and developing and implementing improvement measures.
8.
Whether a manual for measures to be taken in the event of a major industrial accident has been prepared and whether measures have been taken
9.
Establishment and implementation of evaluation criteria, procedures, and management costs for occupational accident prevention measures and technologies in the case of subcontracting, service, or consignment, and inspection of standards related to the performing organization.

Chapter 4 Establishment and Implementation of Recurrence Prevention Measures

1.
Measures to prevent recurrence and implementation in case of disaster

Chapter 5 Implementation of Improvement and Corrective Actions in Compliance with Relevant Government and Local Government Laws

1.
Measures to implement matters ordered by central administrative agencies and local governments for improvement, correction, etc. in accordance with relevant laws and regulations

Chapter 6 Management Measures in Accordance with Occupational Safety and Health Laws

1.
Inspection and action to ensure compliance with obligations under occupational safety and health laws
2.
Inspection and action taken to implement safety and health education for hazardous and dangerous work

Chapter 7 Obligation to Ensure Safety and Health in Contracting, Services, and Entrustment

1.
Obligation to ensure safety and health in relationships such as contracting, service, and entrusting to third parties

References
1.
Reference books
2.
Yulchon Major Disaster Center TV Content List
3.
List of case numbers for violations of the Serious Disaster Punishment Act

The Serious Disaster Punishment Act went into effect on January 27, 2022, and now applies to all workplaces with five or more employees.
The Serious Disaster Punishment Act imposes an obligation on business managers to ensure safety and health to ensure the safety and health of workers.
If a major industrial accident occurs without fulfilling safety and health obligations, it is highly likely that it will result in criminal punishment of more than one year.
For this reason, this law cannot help but be quite burdensome for business managers.

Since the enactment of the Serious Disaster Punishment Act, the number of cases indicted by the prosecution under the Act has exceeded 74 in the approximately three years until February 2025.
Among them, approximately 39 first-instance judgments were handed down through the courts.
There were also cases where the Serious Disaster Punishment Act was applied and a not-guilty verdict was handed down, and cases where the Supreme Court's legal principles regarding the judgment criteria for construction project orderers under the Industrial Safety and Health Act were cited.
Despite the court's not-guilty verdict, in the majority of remaining cases, the court is expressing its will to strictly enforce the law by respecting the legislative intent of the Serious Disaster Punishment Act to the greatest extent possible.

The courts are generally more stern in their approach to managers who fail to recognize and ignore inadequate safety and health measures or who repeatedly cause similar or similar accidents.
On the other hand, the fact that the offender actively made efforts before and after the accident to fulfill his/her obligations under the Act on the Punishment of Serious Disasters and the strong will to prevent recurrence were cited as one of the most important mitigating factors along with the lack of punishment.


To effectively respond to the Serious Disaster Punishment Act, the safety and health management system must be strengthened and systematically implemented.
It is not simply about avoiding punishment or taking legal action after an accident occurs that is important.
It is necessary to focus on minimizing legal risks by preventing accidents through prior prevention and establishing a systematic management system.
However, from the company's perspective, they do not know how to prepare and it is not easy to obtain related materials or forms.


This book was written by four experts in various fields, including engineering, law, and labor, to quench the thirst for understanding the difficulties and countermeasures of these companies. It is a practical guide for practical responses in the field.
In addition, we have included sentencing cases and precedents from trials on punishment for serious disasters that have taken place so that business managers and practitioners can more easily approach and respond to the Act on Punishment for Serious Disasters. We have also included a list of TV contents from Yulchon (Co.)’s Serious Disaster Center so that you can look into questions related to serious disasters.