A Comparative Study between Korean Industrial Accident Bill and U.K. Corporate Manslaughter and Corporate Homicide Act
Publication Date 2020-12-09
Researchers Tae-Hong Sohn
● In June 2020, lawmaker Eun-Mi Kang proposed the Industrial Accident Bill in Korea, and the opinions of the labor and management are clearly divided.
● The bill emphasizes that the stronger responsibility of corporations and managers is required to prevent industrial accidents, and that strong penalties for violations are needed to both corporations and individuals such as senior officers.
● U.K. Corporate Manslaughter and Corporate Homicide Act was used as a prime reference case for Korean Industrial Accident Bill. However, it appears that the U.K. law differs from the Korean Bill in the following aspects; 1) no penalty for individuals, 2) no provision for compensation for damages, 3) differentiation of safety and health duties between general- and sub-contractors.
● The Korean Industrial Accident Bill can be evaluated as part of an effort to create a safe society and protect the lives of workers. However, various laws related to industrial safety are already in operation in Korea. Therefore, the new Industrial Accident Bill should be carefully discussed by considering the characteristics of each industry and sufficiently reflecting the opinions of the labor and management.