The Serious Disaster Punishment Act (hereinafter referred to as the “Serious Disaster Act”) is a new law with many issues and controversies.
Although the number of prosecution cases under the Serious Disaster Act is increasing and the court has handed down around 20 rulings, in a situation where there is not yet sufficient precedent, there is controversy over the clarity of abstract key provisions, making it difficult even for legal experts to find a "reasonable standard of interpretation."
Therefore, this book, while examining related cases along with an explanation of the major theoretical and practical issues of the Serious Disaster Act, strives to increase the 'predictability' and 'implementability' of the law by developing a rational interpretation theory that is consistent with the legal text, legal system, legislative intent and purpose.
In addition, we expect a more advanced and rational administrative interpretation based on the critical review of (some) inquiries by the Ministry of Employment and Labor.
This book is the result of the author's efforts to present reasonable solutions and valid conclusions by considering various factors, including legal principles, in specific cases based on his practical experience in consulting on compliance with the Serious Disaster Act and responding to investigations and trials.
To help legal practitioners, including attorneys and in-house lawyers advising on the Serious Disaster Act, special judicial police officers of the Ministry of Employment and Labor, and prosecutors and judges specializing in Serious Disasters, resolve individual issues related to these issues, we have compiled key issues and presented clear judgment criteria to review and analyze cases by type.