This article was published on July 31, 2025, at 1:25 p.m. on the ChosunBiz RM report site.
Even in cases where a worker dies from heatstroke while working during the summer heat, the Serious Accident Punishment Act may apply. There have already been cases where the representative of the primary contractor was found guilty in such accidents. What preparations should corporations make to prevent accidents and avoid criminal liability? On the 31st, ChosunBiz consulted with experts on the Serious Accident Act.
◇ Whether or not measures and response manuals for heatwaves are in place will determine guilt.
In July 2022, a worker performing concrete pouring at an outdoor construction site in Yuseong-gu, Daejeon, died from heatstroke. The incident occurred while a heatwave warning was in effect.
As a result of this incident, Mr. A, the representative of the primary contractor, was indicted. This was the first case indicted for a violation of the Serious Accident Act regarding a heatstroke death. Last month, Mr. A was found guilty in the first trial and sentenced to one year in prison with a two-year suspension. The verdict was confirmed as neither Mr. A nor the prosecution appealed. It was the first confirmed guilty verdict for a violation of the Serious Accident Act related to a heatstroke death.
The court stated, "Mr. A had the obligation to identify risk factors such as heatwaves as a business operator, prepare countermeasures, and establish a manual for responding to serious industrial accidents." This was based on the provision of the Serious Accident Act, which requires businesses to implement safety measures to prevent risks that may affect workers.
There have also been cases where employers were found guilty of violating the Industrial Safety and Health Act when workers died from heatstroke. The Industrial Safety and Health Act had been applied prior to the enactment of the Serious Accident Act. Since the Serious Accident Act was enacted, both laws have been applied together.
Mr. B employed six workers in July 2023 for the demolition of a vinyl house in Miryang, Gyeongnam. At that time, a heatwave warning was in effect, and the temperature inside the vinyl house exceeded 31 degrees.
However, Mr. B did not instruct breaks or provide rest areas. The first-instance court ruled in February that "Mr. B did not take even the minimal safety measures to provide appropriate rest times and spaces for outdoor workers during the heatwave," sentencing him to four months in prison with a one-year suspension. Subsequently, neither Mr. B nor the prosecution appealed, confirming the verdict.
◇ Even if three heatstroke patients appear, they are subject to punishment... "Safety measures prescribed in the enforcement ordinance are necessary."
The Serious Accident Act stipulates that if three heatstroke patients appear at a company's worksite within a year, the company representative can be punished. Necessary safety measures to prevent serious accidents due to heatwaves are outlined in the enforcement ordinance of the Serious Accident Act.
Lee Chang-wook, a lawyer at Daeryuk Law Firm, noted, "Article 4 of the enforcement ordinance contains detailed contents about the various safety and health obligations that businesses must comply with." This includes measures such as establishing communication channels at the primary contractor level for workers to request work stoppages or adjustments in working hours during heatwaves, and ensuring that on-site managers can provide rest times, rest areas, and beverages to workers.
In particular, the Ministry of Employment and Labor regulations state that during heatwaves with a perceived temperature of 33 degrees or higher, mandatory rest periods of 20 minutes must be provided for every 40 minutes of work.
Jin Hyun-il, a lawyer at Shin & Kim LLC, stated, "It is necessary to arrange several rest areas equipped with air conditioning so that workers exposed to heatwaves do not suffer from heatstroke," adding, "During heatwaves, preparations for heatstroke should be made not only for construction sites but also for parking attendants in underground parking lots and workers in logistics centers."