Five Years into the Serious Accidents Act, Most Guilty Verdicts Still Came with Suspended Sentences

Looking back on the five years since the Serious Accidents Punishment Act took effect, most guilty verdicts ended in suspended sentences. Fines imposed on corporations were also only a tiny fraction of the statutory maximum. The act was enacted in 2021 to prevent industrial disasters and took effect the following year, placing risk prevention obligations on business owners and stipulating that penalties be imposed based on the degree of compliance when fatal accidents occur.

Of 228 first-instance verdicts nationwide, the conviction rate neared 80 percent. However, suspended sentences accounted for 42 percent and fines for 32 percent, while only nine cases resulted in actual prison time. Fines levied on corporations averaged 98 million won, roughly 2 percent of the 5 billion won cap. The Ministry of Employment and Labor referred 485 cases of violations of the act to prosecutors through the first half of the year. Of the cases whose trials are complete, executives at 81 workplaces — 77 individuals — received suspended sentences, with prison terms confirmed for only three.

Regional court trends show little difference. From 2022 through the first half of this year, 11 cases related to the act were heard at the Jeonju District Court. All six defendants sentenced to imprisonment or detention received suspended sentences, four cases resulted in fines, and some defendants were acquitted.

The first-instance verdict for former executives of SeAh Steels, charged in connection with the deaths of four workers at a factory over a two-year period, is due in November. Prosecutors sought five years and three years in prison for the then-CEO and the Gunsan plant manager respectively, and a 550 million won fine for the corporation.

Democratic Party lawmaker Kim Dong-a said, "Even at this very moment, many workers are losing their lives to serious accidents," adding, "Effective sentencing guidelines must be put in place promptly so that the purpose of the law is not undermined in the courtroom."

Prosecutorial guidance over the Ministry of Employment and Labor, which exclusively handles investigations under the act, has been abolished. More than 1,000 investigations remain ongoing.