It has been confirmed that the Ministry of Justice recently made an official request to the Supreme Court's Sentencing Commission to establish sentencing guidelines for the Serious Accidents Punishment Act.
The Sentencing Commission reported at its 140th meeting held today that it received an official document from the Ministry of Justice last week stating the need to establish sentencing guidelines for the Serious Accidents Act. Sentencing guidelines serve as a type of reference for judges when determining sentences for different types of offenses. While they do not have legal binding force, they hold advisory power. If a judge wishes to impose a sentence that deviates from the sentencing guidelines, they must provide reasons in the judgment.
The Serious Accidents Punishment Act is a law that penalizes business owners or company representatives with imprisonment for more than one year or a fine of up to 1 billion won in cases where serious accidents occur at industrial sites. Sentencing guidelines apply only to crimes specified as applicable, and currently, the Serious Accidents Act is not one of the applicable targets.
The Ministry of Justice's official request for sentencing guidelines for the Serious Accidents Act appears to be in response to President Lee Jae-myung's call for a strong government response to serious accidents and measures to address them. Minister Jeong Seong-ho noted at the Cabinet meeting on the 29th of last month, "The Sentencing Commission is being strongly urged to establish sentencing guidelines for the Serious Accidents Act, as there are currently none in the courts."
The current 10th Sentencing Commission did not include the Serious Accidents Act among the crime categories it would address during its two-year term, which began last June. It is reported that this decision is based on the consideration that a constitutional complaint regarding the Serious Accidents Act has been filed and is currently under review by the Constitutional Court for constitutionality.