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SERIOUS ACCIDENTS PUNISHMENT ACT

[Enforcement Date 27. Jan, 2022.] [Act No.17907, 26. Jan, 2021., New Enactment]

법무부 (공공형사과)02-2110-3539

법제처 국가법령정보센터
www.law.go.kr
2024.04.14
 「SERIOUS ACCIDENTS PUNISHMENT ACT」

SERIOUS ACCIDENTS PUNISHMENT ACT

[Enforcement Date 27. Jan, 2022.] [Act No.17907, 26. Jan, 2021., New Enactment]
법무부 (공공형사과) 02-2110-3539
환경부 (화학물질정책과) 044-201-6775
고용노동부 (중대산업재해감독과) 044-202-8955
산업통상자원부 (산업일자리혁신과) 044-203-4224
국토교통부 (시설안전과) 044-201-4594
공정거래위원회 (소비자안전교육과) 044-200-4419

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose) The purpose of this Act is to prevent serious accidents and protect the
lives and physical safety of citizens and workers by prescribing the punishment, etc. of
business owners, responsible managing officers, public officials, and corporations that have
caused casualties in violation of their duties to take safety and health measures while
operating businesses, places of business, public-use facilities, or public transportation
vehicles or handling materials or products harmful to human bodies.

Article 2 (Definitions) The terms used in this Act are defined as follows:
1. The term "serious accident" means a "serious industrial accident" or a "serious civic
accident";
2. The term "serious industrial accident" means an industrial accident defined in
subparagraph 1 of Article 2 of the Occupational Safety and Health Act, which causes any
of the following:
(a) At least one person has died;
(b) At least two persons have been injured due to the same accident, requiring medical
treatment for at least six months;
(c) At least three persons have developed occupational diseases prescribed by
Presidential Decree, such as acute poisoning attributable to the same hazardous factor,
within one year;
3. The term "serious civic accident" means an accident resulting from a defect in the
design, manufacture, installation, and management of a specific raw material or product,
public-use facility, or public transportation vehicle, which causes any of the following:
Provided, That an accident classified as a serious industrial accident shall be excluded

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herefrom:
(a) At least one person has died;
(b) At least 10 persons have been injured due to the same accident, requiring medical
treatment for at least two months;
(c) At least 10 persons have developed diseases for the same cause, requiring medical
treatment for at least three months;
4. The term "public-use facility" means a facility prescribed by Presidential Decree, taking
into account the scale, area, etc. of the relevant facility, among the following facilities:
Provided, That the businesses or places of business of micro enterprises defined in Article
2 of the Act on the Protection of and Support for Micro Enterprises, non-profit facilities
equivalent thereto, and educational facilities defined in subparagraph 1 of Article 2 of the
Act on the Safety and Maintenance of Education Facilities shall be excluded herefrom:
(a) A facility under Article 3 (1) of the Indoor Air Quality Control Act (excluding business
places under Article 2 (1) 1 of the Special Act on the Safety Control of Publicly Used
Establishments);
(b) An establishment under subparagraph 1 of Article 2 of the Special Act on the Safety
Control and Maintenance of Establishments (excluding multi-family housing buildings);
(c) A place of business specified in Article 2 (1) 1 of the Special Act on the Safety Control
of Publicly Used Establishments, whose total floor area (referring to the area calculated
pursuant to Article 84 of the Building Act) used for the relevant business is at least
1,000 square meters;
(d) Any other facility corresponding to those specified in items (a) through (c), which is
highly likely to endanger a human life or cause physical damage when any accident
occurs;
5. The term "public transportation vehicle" means any of the following used by the general
public:
(a) Urban rolling stock used for operating the urban railroad defined in subparagraph 2
of Article 2 of the Urban Railroad Act;
(b) A locomotive or passenger coach (excluding those used for exclusive railroads under
subparagraph 5 of Article 2 of the Railroad Service Act) among rolling stock defined in
subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;
(c) A motor vehicle for passengers and freight used for route passenger transport
business under subparagraph 1 (d) of Article 3 of the Enforcement Decree of the

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Passenger Transport Service Act;

(d) A passenger ship defined in subparagraph 1-2 of Article 2 of the Marine
Transportation Act;
(e) An aircraft used for air transport service defined in subparagraph 7 of Article 2 of the
Aviation Business Act;
6. The term "product" means any movable property that is manufactured or processed
(including those incorporated into another movable or immovable properties);
7. The term "worker" means any of the following persons:
(a) An employee under the Labor Standards Act;
(b) A person who provides labor for the purpose of consideration in conducting the
business, irrespective of the form of contract, such as contracting, outsourcing, and
entrustment;
(c) Where the business is conducted in accordance with several tiers of contracts, the
contractor in each phase and the person who has relations under item (a) or (b) with
the contractor;
8. The term "business owner" means a person who operates his or her own business or a
person who conducts business by using the labor of others;
9. The term “responsible managing officer, etc.” means any of the following persons:
(a) A person who represents the business and is authorized and responsible to exercise
general supervision over the business, or a person who takes charge of safety and
health affairs in a corresponding manner;
(b) The head of a central administrative agency, the head of a local government, the
head of a local public enterprise under the Local Public Enterprises Act, and the head
of a public institution designated pursuant to Articles 4 through 6 of the Act on the
Management of Public Institutions.

CHAPTER II SERIOUS INDUSTRIAL ACCIDENTS

Article 3 (Scope of Application) The provisions of this Chapter shall not apply to business
owners or responsible managing officers, etc. of businesses or places of business with
fewer than five full-time employees (limited to private business owners; hereinafter the
same shall apply).

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Article 4 (Duties of Business Owners and Responsible Managing Officers to Secure Safety and
Health) (1) A business owner or a responsible managing officer, etc. shall take the
following measures to prevent hazards or risks to the safety and health of workers in the
business or place of business that the business owner, corporation, or institution actually
controls, operates, or manages, in consideration of the characteristics, scale, etc. of the
business or place of business:
1. Measures concerning the establishment and implementation of a safety and health
management system, such as human resources and budget necessary to prevent
accidents;
2. Measures concerning the formulation and implementation of schemes to prevent
recurrence of accidents, when any accident occurs;
3. Measures concerning the compliance with an order to improve, correct, or take other
measures issued by central administrative agencies or local governments under the
relevant statutes or regulations;
4. Managerial measures necessary to perform duties under safety and health-related
statutes or regulations.
(2) Details of the measures under paragraph (1) 1 and 4 shall be prescribed by Presidential
Decree.

Article 5 (Duties to Secure Safety and Health in Relation to Contracting, Outsourcing, and
Entrustment) Where a business owner, a corporation, or an institution has awarded a
contract or outsourced, entrusted, etc. any work to a third party, the business owner or
responsible managing officer, etc., shall take measures under Article 4 to prevent the third
party’s workers from suffering a serious industrial accident: Provided, That this shall be
limited to cases where the business owner, corporation, or institution is actually
responsible for controlling, operating, and managing the relevant facility, equipment, place,
etc.

Article 6 (Punishment of Business Owners and Responsible Managing Officers for Serious
Industrial Accidents) (1) Any business owner or responsible managing officer, etc. who has
violated Article 4 or 5, resulting in a serious industrial accident defined in subparagraph 2
(a) of Article 2 shall be punished by imprisonment with labor for at least one year or by a
fine not exceeding one billion won. In such cases, imprisonment with labor and a fine may
be imposed concurrently.

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(2) Any business owner or responsible managing officer, etc. who has violated Article 4 or
5, resulting in a serious industrial accident defined in subparagraph 2 (b) or (c) of Article 2
shall be punished by imprisonment with labor for not more than seven years or by a fine
not exceeding 100 million won.
(3) Any person who has been sentenced to a punishment for committing a crime provided
in paragraph (1) or (2) and recommits a crime provided in paragraph (1) or (2) within five
years from the date his or her sentence becomes final and conclusive shall be punished
aggravatingly by up to 1/2 of the corresponding punishment prescribed in each paragraph.

Article 7 (Joint Penalty Provisions for Serious Industrial Accidents) If a responsible managing
officer, etc. of a corporation or an institution commits any violations described in Article 6
in conducting the business affairs of the corporation or institution, the corporation or
institution shall be punished by a fine prescribed in the following, in addition to punishing
the violators accordingly: Provided, That this shall not apply where such corporation or
institution has not been negligent in giving due attention and supervision concerning the
relevant business affairs to prevent such violations:
1. In the case of Article 6 (1): A fine not exceeding five billion won;
2. In the case of Article 6 (2): A fine not exceeding one billion won.

Article 8 (Participation in Safety and Health Education Programs) (1) The responsible
managing officer, etc. of a corporation or institution that has caused a serious industrial
accident shall complete safety and health education programs, as prescribed by
Presidential Decree.
(2) A person who fails to complete safety and health education programs under paragraph
(1) without good cause shall be subject to an administrative fine not exceeding 50 million
won.
(3) The administrative fines under paragraph (2) shall be imposed and collected by the
Minister of Employment and Labor, as prescribed by Presidential Decree.

CHAPTER III SERIOUS CIVIC ACCIDENTS

Article 9 (Duties of Business Owners and Responsible Managing Officers to Secure Safety and
Health) (1) A business owner or a responsible managing officer, etc. shall take the
following measures to protect the lives and physical safety of the users or other persons

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from any defect in the design, manufacture, and management of raw materials or products
produced, manufactured, sold, or distributed at a business or place of business which is
actually controlled, operated, and managed by the relevant business owner, corporation, or
institution:
1. Measures concerning the establishment and implementation of a safety and health
management system, such as human resources, budget, and inspection necessary to
prevent accidents;
2. Measures concerning the formulation and implementation of schemes to prevent
recurrence of accidents, when any accident occurs;
3. Measures concerning the compliance with an order to improve, correct, or take other
measures issued by central administrative agencies or local governments under the
relevant statutes or regulations;
4. Managerial measures necessary to perform duties under safety and health-related
statutes or regulations.
(2) A business owner or a responsible managing officer, etc. shall take the following
measures to protect the lives and physical safety of the users or other persons from any
defect in the design, installation, and management of public-use facilities or public
transportation vehicles which are actually controlled, operated, or managed by the relevant
business owner, corporation, or institution:
1. Measures concerning the establishment and implementation of a safety and health
management system, such as human resources, budget, and inspection necessary to
prevent accidents;
2. Measures concerning the formulation and implementation of schemes to prevent
recurrence of accidents, when any accident occurs;
3. Measures concerning the compliance with an order to improve, correct, or take other
measures issued by central administrative agencies or local governments under the
relevant statutes or regulations;
4. Managerial measures necessary to perform duties under safety and health-related
statutes or regulations.
(3) Where a business owner, a corporation, or an institution has awarded a contract or
outsourced, entrusted, etc. any work to a third party in relation to public-use facilities or
public transportation vehicles, the business owner or responsible managing officer, etc.
shall take measures under paragraph (2) to protect the lives and physical safety of the

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users or other persons: Provided, That this shall be limited to cases where the business
owner, corporation, or institution is actually responsible for controlling, operating and
managing the relevant facility, equipment, place, etc.
(4) Details of the measures under paragraphs (1) 1 and 4 and (2) 1 and 4 shall be
prescribed by Presidential Decree.

Article 10 (Punishment of Business Owners and Responsible Managing Officers for Serious
Civic Accidents) (1) Any business owner or responsible managing officer, etc. who has
violated Article 9, resulting in a serious civic accident defined in subparagraph 3 (a) of
Article 2 shall be punished by imprisonment with labor for at least one year or by a fine
not exceeding one billion won. In such cases, imprisonment with labor and a fine may be
imposed concurrently.
(2) Any business owner or responsible managing officer, etc. who has violated Article 9,
resulting in a serious civic accident defined in subparagraph 3 (b) or (c) of Article 2 shall be
punished by imprisonment with labor for not more than seven years or by a fine not
exceeding 100 million won.

Article 11 (Joint Penalty Provisions for Serious Civic Accidents) If a responsible managing
officer, etc., of a corporation or an institution commits any violations described in Article
10 in conducting the business affairs of the corporation or institution, the corporation or
institution shall be punished by a fine prescribed in the following, in addition to punishing
the violators accordingly: Provided, That this shall not apply where such corporation or
institution has not been negligent in giving due attention and supervision concerning the
relevant business affairs to prevent such violations:
1. In the case of Article 10 (1): A fine not exceeding five billion won;
2. In the case of Article 10 (2): A fine not exceeding one billion won.

CHAPTER IV SUPPLEMENTARY PROVISIONS

Article 12 (Notification of Determination of Punishment) When the sentence for a crime

specified in Article 6, 7, 10, or 11 becomes final and conclusive, the Minister of Justice shall
notify the fact of such crime to the head of the relevant administrative agency.

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Article 13 (Publication of Occurrence of Serious Industrial Accidents) (1) With regard to a

serious industrial accident resulting from violation of the duties provided in Article 4, the
Minister of Employment and Labor may publish the occurrence of such industrial accident,
including the name of the place of business, the date, time, and place of the occurrence,
and the details and cause of the accident.
(2) The methods, criteria, procedures, etc. for publication under paragraph (1) shall be
prescribed by Presidential Decree.

Article 14 (Special Cases concerning Hearing Procedures) (1) In a criminal trial as to whether
this Act has been violated, the court may, ex officio, examine a victim or his or her legal
representative (including the victim's spouse, lineal relatives, and siblings, if the victim dies
or is unable to make a statement) as a witness, pursuant to Article 294-2 of the Criminal
Procedure Act.
(2) In a criminal trial as to whether this Act has been violated, the court shall designate an
expert in the relevant field as a professional examiner and shall have him or her participate
in the litigation procedures upon receipt of a request by the prosecutor or the criminal
defendant of his or her defense counsel, unless any extenuating circumstance exists.

Article 15 (Liability for Damages) (1) Where a business owner or a responsible managing
officer, etc. has violated any duty prescribed in this Act intentionally or by gross
negligence, resulting in a serious accident, the relevant business owner, corporation, or
institution shall be liable for damages to the person who has sustained the damage caused
by the serious accident within the limit not exceeding five times the amount of such
damage: Provided, That this shall not apply where such corporation or institution has not
been negligent in giving due attention and supervision concerning the relevant business
affairs.
(2) Where a court determines the amount of damages under paragraph (1), it shall take
into account the following:
1. The degree of such intention or gross negligence;
2. The types and details of the violation of duties prescribed in this Act;
3. The scale of damage caused by the violation of duties prescribed in this Act;
4. The economic benefits that the business owner, corporation, or institution acquired by
committing the violation of duties prescribed in this Act;

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5. The period, frequency, etc. of the violation of duties prescribed in this Act;
6. The current status of property of the business owner, corporation, or institution;
7. The degree of efforts made by the business owner, corporation, or institution to remedy
damage and prevent recurrence thereof.

Article 16 (Support for Business Owners and Report by Government) (1) The Government
shall implement the following so as to secure the safety and health of citizens and workers
by preventing serious accidents:
1. Establishment and implementation of comprehensive measures to prevent serious
accidents and analysis of causes of such accidents;
2. Support for business owners, corporations, and institutions to establish a safety and
health management system;
3. Technical support and guidance for business owners, corporations, and institutions to
prevent serious accidents;
4. Providing education and conducting public relations to achieve the purpose of this Act.
(2) The Government may, within the budget, fully or partially subsidize business owners,
corporations, or institutions for expenses incurred in projects for preventing serious
accidents, such as the improvement of hazardous or risky facilities, the purchase of
protective gear, and the health checkup and health care of workers.
(3) The Government shall report the progress of implementation of measures to prevent
serious accidents, etc. and the status of support for the relevant projects under paragraphs
(1) and (2), to the competent standing committee of the National Assembly semiannually.

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