The advancement of modern industrial civilization entails structural risks alongside rapid increases in productivity. Amidst these growing risks, the 「Serious Accidents Punishment Act (SAPA) 」was enforced in January 2022 to protect the absolute va...
The advancement of modern industrial civilization entails structural risks alongside rapid increases in productivity. Amidst these growing risks, the 「Serious Accidents Punishment Act (SAPA) 」was enforced in January 2022 to protect the absolute value of workers’ lives and physical safety. This represented a criminal policy decision to drastically reduce industrial accidents by establishing a safety and health management system through strong criminal sanctions against responsible management personnel. However, despite the passage of several years since its enforcement, the number of serious accidents and fatalities has not shown a statistically significant inflection point and remains stagnant. Consequently, confusion regarding the fulfillment of duties and the attribution of liability has intensified in labor sites and within investigation and trial practices due to the ambiguity of the norms. Therefore, this study diagnoses that the current crisis of effectiveness facing SAPA stems largely from inherent ‘uncertainty’ within the law. The purpose of this study is to analyze the normative and practical issues of the current law in depth, using the constitutional ‘principle of clarity’ as a framework, and to present effective legislative improvement measures.
This dissertation notes that SAPA is a special criminal law that imposes duties of action on management personnel and punishes non-compliance, possessing the character of a genuine omission offense with severe statutory penalties of one year or more in prison. Accordingly, the constituent elements of this Act must strictly adhere to the principle of clarity to ensure predictability for the subjects of the law and to exclude arbitrary interpretation by law enforcement agencies. From this perspective, the major issues of the current law are derived as follows:
First, the definition and scope of ‘Responsible Management Personnel’ the subjects of the law, are unclear. Although Article 2, Subparagraph 9 defines the Chief Executive Officer (CEO) and the Chief Safety Officer (CSO) with the conjunction ‘or’ legal practice expands this into an overlapping relationship rather than a selective one, or mechanically identifies the CEO as the responsible party regardless of the presence of a CSO. This leads to unstable situations where the subject of the law is not clearly identified. Second, the concept of ‘substantial control, operation, and management’ which is the criterion for duties in contracting relationships—a core element of modern industrial structure—is abstract and unclear. This ambiguity obscures the relationship between Article 4 (general workplaces) and Article 5 (facilities/equipment) and hinders the rational division of roles between principals and subcontractors. Consequently, principals may become passive in on-site management to avoid liability, leading to a paradoxical ‘safety vacuum’ where risks are neglected. Finally, the contents of the ‘duty to secure safety and health’ and the criteria for judging violations are not clear. Polysemous and normative concepts scattered throughout the statutes make it difficult to gauge the completeness of duty fulfillment, causing instability where judgment depends on the arbitrary interpretation of judges. Furthermore, the ‘dual causality theory’ utilized in practice to connect abstract duties with concrete results tends to infer duty violations backward from the ‘result’ of an accident, containing the risk of transforming into de facto strict liability.
Based on this critical analysis, this study presents legislative proposals to strengthen the normative power of SAPA and build a practical safety and health management system. First, to ensure the clarity of the subject, it is proposed to revise the definition of responsible management personnel and introduce a ‘pre-registration system for responsible management personnel’ to register those with actual authority in advance. Second, to resolve confusion in contracting relationships, Article 5 should be deleted to unify liability provisions under Article 4, and a duty of cooperation for subcontractors should be established to clarify the division of roles between principals and subcontractors. Additionally, to move away from excessive reliance on criminal punishment, criminal liability should be limited to cases of ‘gross violation of duty’ and the paradigm should shift toward prevention-centered administrative and economic sanctions, such as the imposition of punitive fines and corrective orders on corporations. In conclusion, this study argues that for SAPA to function as a practical preventive mechanism in industrial sites rather than a mere ex-post punitive tool, the restoration of legal clarity must be prioritized.