On the first half of the year, 1,120 people died due to industrial accidents, and nearly half of them occurred at construction sites. Despite the enforcement of the Serious Accidents Punishment Act and the spread of safety prevention systems driven by technological advances, the number of fatalities from industrial accidents rose by 87 from a year earlier, moving in the wrong direction. In particular, there are calls for the urgent establishment of customized safety prevention systems for older workers, as fatalities among workers aged 60 and older increased by 40.
On this, Jung Jin-woo, a professor of safety engineering at Seoul National University of Science and Technology with prior experience working at the Labor Ministry, said, "For our country to shed the disgraceful label of an industrial-accident republic, the focus of administration must shift from tougher sanctions to a sophisticated, prevention-centered system," and noted, "In particular, we need tailored measures that respond to the physical and mental decline of older workers, among whom the number of fatalities has increased." The following is a Q&A.
How do you assess Korea's level of industrial accident prevention at present?
"Even though construction start area and the number of sites and workers have fallen sharply, construction still accounts for about half of fatal accidents. It is a serious problem that outcomes remain minimal despite increased safety investment by the government and corporations and the expansion of automation systems. Considering that there were many objective factors that should have reduced fatal accidents but results did not improve, I believe Korea's level of industrial accident prevention remains insufficient."
Are industrial accidents among older workers increasing?
"We need to prepare specialized measures that respond to the physical and mental decline of older workers. Older workers face greater accident risks than general workers because they lack muscle strength, balance, attention, and reaction speed. For example, we need 'ground-leveling of work at height,' which changes processes performed at high places so they can be done at ground level. In addition, ladder-type access should be avoided, and it is desirable to improve access equipment to stairs or ramps. As the number of older workers grows with population aging, safety guidelines for older workers should be established as soon as possible."
What is the key task to reduce recurring accidents such as "falls and entrapment"?
"Similar types of accidents occur in advanced countries as well, but it is a problem that, unlike Korea, their share here is not declining and continues. To solve this, the government must effectively overhaul laws and systems and develop, guide, and coach prevention techniques so that corporations' voluntary safety activities can be activated. The United Kingdom, Japan, Germany, and the United States have sophisticated and substantial safety and health management systems and risk assessments, providing detailed standards for corporations to autonomously prevent accidents."
Why are industrial accidents not decreasing despite the allocation of budgets and manpower to carry out prevention policies?
"Because the industrial accident prevention system—laws and institutions, prevention infrastructure, and expertise—is not functioning properly. The government is neglecting a poor system or even worsening it, while expanding organizations and personnel to focus on detecting legal violations. Industrial sites are mired in 'firefighting responses' and paperwork, while the truly important on-site safety capabilities are not being strengthened. Without improving practical safety capacity, we cannot achieve a reduction in industrial accidents."
There is also criticism that the Serious Accidents Punishment Act is a sanction-centered law.
"Most industrial accidents occur because risks are not recognized. Unlike ordinary crimes, the industrial safety domain does not involve intent in the occurrence of outcomes. Therefore, the key is to ensure that prevention actors clearly recognize 'what is dangerous and how to take measures.' If such a prevention system does not operate, strengthening sanctions will only lead to formal responses. Law and policy enforcement should focus on prior prevention, with sanctions such as criminal punishment as a last resort. Advanced countries in industrial accident prevention are focusing on building infrastructure that makes it easier for corporations to prevent accidents rather than on sanctions."
How do you evaluate the effects since the enforcement of the Serious Accidents Punishment Act?
"The Serious Accidents Punishment Act lacks 'predictability' and 'feasibility,' which can be called the lifeblood of a law. The act has many provisions that duplicate or conflict with the Occupational Safety and Health Act, and its content is also vague. As a result, even experts differ in interpretation, and there are frequent cases in which even the competent ministry cannot provide clear answers. With law enforcement centered on punishment, there are side effects where corporations hesitate to seek the root causes of accidents. As a result, society is losing valuable opportunities to learn from accidents."
What are the differences between Korea and advanced countries in industrial accident prevention?
"Advanced countries, which have relatively fewer industrial accidents, are evaluated as having sophisticated accident prevention systems at worksites. In contrast, Korea has been mired in tougher sanctions and the expansion of administrative organizations, while neglecting qualitative improvements in prevention systems. However, with a weak prevention framework, simply strengthening sanctions makes it difficult to expect practical effects. Strengthening the substance of prevention systems must come first."
If you were to propose policies to shed the stigma of an industrial-accident republic, what would they be?
"We need to move away from 'disciplinary-style measures' and shift to practical, reality-based solutions. To do so, we need an accurate understanding of reality and a sophisticated methodology. However, the recently announced 'comprehensive labor safety measures' lack analysis and reflection on past policies. It strongly gives the impression that the conclusion of tougher sanctions was set in advance and the measures were tailored to it. The policies lack evidence and include many showy measures. To reduce industrial accidents, the sincerity and expertise of policy decision-makers are more important than anything. We need practical changes, not words."
Plus Point
Already in its 4th year of enforcement, the Serious Accidents Punishment Act leaves both industry and labor "dissatisfied"
The Serious Accidents Punishment Act is a law that allows criminal punishment of management executives in the event of an industrial accident. The core of the law is that it "imposes a duty on management executives to secure safety and health." In other words, when a serious accident occurs, not only on-site managers but also the CEO can face criminal punishment. However, industry points to excessive managerial liability and vague guidelines, while labor is calling for stronger effectiveness of the law and government-led institutional improvements, leaving both sides dissatisfied.
It has been applied and enforced since Jan. 27, 2022, to business sites with 50 or more regular workers (construction projects worth 5 billion won or more). After a three-year grace period, it was fully expanded to business sites with fewer than 50 workers starting Jan. 27, 2024.
Confusion still seems to persist in industry. In particular, small and midsize corporations say, "It is difficult for a CEO to predict and control every accident," pointing to the law's "practical impossibility." For small corporations lacking professionals, the expense of fulfilling safety management obligations is high, while concrete guidelines remain vague, leading to responses from the field that it is hard to prepare without help from law firms specializing in industrial accidents.
Labor, on the other hand, says the law lacks effectiveness. The Korean Confederation of Trade Unions (KCTU) said in Jan. that during the three years of (the Serious Accidents Punishment Act) enforcement, there were about 1,200 deaths from industrial accidents among those subject to the act, but there were only 160 indictments, of which just 74 went to trial, and only five resulted in prison terms, saying, "The law lacks effectiveness. The government should expand the number of inspectors for preventive oversight and pursue institutional improvements rather than focusing on tougher punishment."