The Serious Accident Punishment Act has been in effect since January 2022, with the purpose of protecting the lives and bodies of the people from 'industrial accidents' and 'civilian accidents.' As cases of punishment for industrial accidents, which involve worker fatalities and serious injuries, emerge, corporations are also making efforts to ensure safety. In contrast, there are concerns that the scope of application for civilian accidents, which involve general citizen fatalities and serious injuries, is narrow, resulting in 'gaps' in safety.
◇ Three years since the Serious Accident Law took effect… only one civilian accident applied
Since the enforcement of the Serious Accident Law, there has only been one actual case of a serious civilian accident applied: the Cheongju Osong underground road disaster. This incident occurred in July 2023 when the Osong underpass in Cheongju flooded, resulting in 14 fatalities and 16 injuries. The flood was investigated to have been caused by the collapse of a nearby river embankment due to poor construction. The prosecution charged Cheongju Mayor Lee Beom-seok and former Administrative City Construction Agency head Lee Sang-rae with 'civilian fatal accident' under the Serious Accident Law last January.
Recent analyses suggest that the accident at 'Changwon NC Park' may also be applicable as a serious civilian accident. This incident involved a structural element weighing approximately 60 kg falling at Changwon NC Park on the 31st of last month, resulting in the death of one baseball fan and injuries to two others. The police are investigating the case for negligence resulting in death, and they are also looking into whether it will be classified as a serious civilian accident.
However, there are many cases where serious civilian accidents have not been applied. The Itaewon disaster in October 2022, which resulted in 159 deaths, and the Muan Airport Jeju Air disaster on December 29 last year, which claimed 179 lives, are prime examples. Additionally, it appears that the serious civilian accident classification will not apply to an incident on the 24th of last month when a sinkhole occurred in the Gangdong District of Seoul, resulting in the death of a motorcycle driver.
The reason is that the Serious Accident Law restrictively defines the scope of civilian accidents. It only considers accidents that occur due to 'defects in the design, manufacturing, installation, or management of specific raw materials or manufactured goods, public facilities, or public transportation.' Accordingly, even if fatalities occur on 'sidewalks,' 'roads,' or 'runways,' they are not recognized as civilian accidents.
◇ Civic organizations: “Include sidewalk, road, and runway accidents” vs. government: “We must approach cautiously”
In this context, civic organizations are demanding an expansion of the scope of application for serious civilian accidents. The People's Solidarity for Economic Justice (경실련) held a press conference on the 9th, stating, "The limited scope of civilian accidents poses problems for disaster prevention," and argued that "citizen safety cannot be guaranteed solely by the Serious Accident Punishment Act."
Professor Choi Myeong-gi from the Korean Industrial Safety Education Group noted, "Under the current law, safety accidents that occur while living in apartments or officetels due to poor construction, as well as accidents in school buildings, cannot be held accountable as serious civilian accidents," adding that "the scope of serious civilian accidents needs to be expanded."
To expand the scope of serious civilian accidents, the Serious Accident Law needs to be amended. The government maintains a cautious stance. An official from the Ministry of Land, Infrastructure and Transport said, "Currently, we are not considering amending the law."
One expert pointed out, "There is criticism that the scope of criminal penalties for industrial accidents is becoming too broad, and the same could happen for civilian accidents," suggesting that "rather than expanding the scope of the Serious Accident Law, which involves penalties, it might be better to focus on accident prevention and response strategies."