On the 29th, the Seoul branch of the Korean Federation of Trade Unions (KCTU) urged, “The Yoon Seok-Yeol government should immediately stop the neutralization of the Serious Accident Punishment Act by revising the enforcement ordinance.”
The Seoul branch of the Metal Workers’ Union (hereinafter referred to as the labor union) held a press conference on the morning of the same day in front of the Seoul Regional Employment and Labor Office in Jung-gu, Seoul, saying, “The Seoul Labor Office protests against the amendment of the Enforcement Decree of the Serious Accident Punishment Act.” It turned over,” he criticized.
The Ministry of Labor has been stating that ‘contents not entrusted by the law are not amendments to the enforcement ordinance’, but it is known that in the middle of this month, it inquired to the Ministry of Legislation to see if the category of managerial managers, for which there are no delegation provisions in the law, could be specified in the enforcement decree.
The amendment of the Enforcement Decree of the Severe Accident Punishment Act prepared by the Ministry of Strategy and Finance through its independent research service and the amendment request from the business community, such as the Korea Federation of Economy and Finance, also included the content of exempting the CEO from responsibility if he or she made an enforcement decree related to the management manager regulations and appointed a director in charge of safety and health.
Just last month, when the Ministry of Strategy and Finance had controversially delivered the amendment plan to the enforcement ordinance to the Ministry of Labor, the Ministry of Labor announced that it was accepting the amendment plan as an ‘opinion’.
In an interview with MBC Radio’s ‘Kim Jong-bae’s Focus’ on the morning of the 25th of last month, Minister of Labor Lee Jeong-sik said, “We are considering what parts can be fixed to prevent serious accidents and to make the law work well in accordance with the purpose of the law.” We will improve the ambiguous expression within a range.” In addition, he said, “In the Constitutional Court and the Supreme Court, the enforcement decree allows to do it within the scope mandated by the parent law and within the scope necessary for law enforcement.” Again, Minister Lee’s remarks were interpreted as stating that it was impossible to “expand the scope of management managers” requested by the Ministry of Strategy and Finance through the revised plan.
The union said, “Are you saying that the CEO cannot be held responsible or punished even though more than 12 companies have suffered two or three serious accidents in the same workplace this year alone, and more than 430 workers at Hyundai Heavy Industries continue to die?” More than 350 workers died on the job, but only 20 cases were forwarded to the prosecution with an opinion to indict under the Serious Accident Punishment Act, and the prosecution prosecuted only one of them.”
He continued, “The prosecution of the manager of Sampyo Industrial, which was the first workplace to which the Serious Accident Punishment Act was applied, is also being delayed without a promise. It means that we will pass on our lives back to the individual workers.”
In addition, the enforcement decree raised the voice of criticism on the fact that it was trying to undermine the purpose and legal effect of the parent corporation, the Severe Accident Punishment Act.
The union said, “Enforcement ordinances are limited to those explicitly mandated by the law, and the content must not deviate from the scope of delegation.” They are using a trick to make it happen,” he criticized.
“Attempts at the Ministry of Labor to change the enforcement ordinance, which are trying to destroy the rule of law system by considering the intentions of the business community and the president, must be stopped immediately,” he said. We need to come up with an amendment so that we can eradicate major disasters with the intent of the amendment.”