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The Serious Accidents Punishment Act — 7 Things Every Business Owner Must Know (2026 Edition)
The Serious Accidents Punishment Act holds business owners and executive managers criminally liable when a fatal accident occurs. This guide covers the specific obligations it imposes, the penalties for non-compliance, and the practical steps you must take — distilled to the essentials.
What Is the Serious Accidents Punishment Act?
Enacted in January 2022, this law imposes criminal liability directly on business owners and executive managers (e.g., CEOs) whenever a fatal accident occurs at a worksite. Unlike the previous framework — which placed responsibility on safety managers — the new law targets the very top of the corporate hierarchy.
The law initially applied to workplaces with 50 or more employees (or construction projects valued at KRW 5 billion or more). As of January 2024, it was extended to all worksites with 5–49 employees and construction projects valued at KRW 500 million to KRW 5 billion. In practice, virtually every company is now covered.
7 Things Every Business Owner Must Know
1. Definition of a "Serious Accident"
- 1 or more fatalities
- 2 or more workers requiring at least 6 months of medical treatment from the same incident
- 3 or more workers diagnosed with occupational disease from the same hazardous factor within one year
2. Penalties (in the event of a fatality)
- Business owner / executive manager: imprisonment of 1 year or more, or a fine of up to KRW 1 billion (both may apply simultaneously)
- Corporate entity: fine of up to KRW 5 billion
3. Nine Core Obligations The law imposes nine "safety and health assurance obligations." The most critical are:
- Establish and publicly announce a safety and health management policy
- Create a dedicated safety and health organization (separate from the general safety manager)
- Conduct periodic risk assessments and incorporate findings into operations
- Allocate and execute a dedicated safety and health budget
- Manage safety for subcontracted and outsourced work
- Develop and maintain an emergency response manual
- Conduct regular safety training
- Establish channels to hear and act on worker feedback
- Document and retain records of all compliance activities
4. Documentation Is Everything When a violation is disputed, evidence is what matters most. Prosecutors and courts determine whether a business owner fulfilled obligations based on records. Paper records are prone to authenticity challenges; even digital records must carry clear, verifiable timestamps to be accepted.
5. Delegation Does Not Transfer Liability "I left it all to the safety manager" is not a defense. Executive managers bear the duty to build the system itself; delegating tasks does not extinguish their personal liability.
6. Sentencing Trends from First-Instance Rulings (2024–2025)
- Fatal accident + failure to implement required safety measures: mostly active imprisonment of 1.5–3 years
- Simple negligence + partial compliance with safety measures: suspended sentence + fine of KRW 100–300 million
- Risk assessment and training records maintained digitally and accurately work in the defendant's favor at sentencing
- Records consisting only of paper or spreadsheets, or whose timestamps are questioned, work against the defendant
7. Response Checklist — Five Things the Business Owner Must Handle Personally ① Issue a written, publicly announced safety and health management policy ② Allocate a separately identifiable budget for safety management, training, and equipment (auditable) ③ Conduct risk assessments at least annually and whenever work processes change; document that results were immediately incorporated into operational changes ④ Operate channels for worker input (quarterly meetings, in-app reports, anonymous reporting) ⑤ Prepare an immediate-response manual for accidents and conduct regular drills
SenseZero's Role
The essence of Serious Accidents Punishment Act compliance is maintaining verifiable documentation of every obligation fulfilled.
- Risk assessment findings → automatically accumulated via BLE beacon and wearable data
- Safety training completion → automatically logged through wearable devices and the mobile app; viewable by role and team on the management dashboard
- Subcontractor safety management → integrated alerts and training records for each subcontractor, visible from the prime contractor's dashboard
- In the event of an accident → 5-second-interval data for the relevant moment is automatically preserved with immutable timestamps
The "evidence of compliance" courts recognize is not human recollection or paper signatures — it is automatically captured data. SenseZero provides that data infrastructure.
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