Inclusion of Statutory Duties and Penal Provisions for CEOs and Managers to Prevent Fires in Industrial Settings

In January 2022, the Serious Accidents Punishment Act went into force in Korea. According to The Korea Times (2022.2.11.) article “Sampyo Industry booked as 1st firm accused of violating new workplace disaster law,” workplace disaster law is “aimed at better protecting workers from industrial accidents.” According to the same article, “under the law, owners and CEOs of companies with five or more employees can face a minimum one-year prison sentence or a fine of up to 1 billion won (US$ 832,708) in the event of serious work place disaster.” Things are not very different in large-scale fires at factories. The fire accident which occurred on August 21 2018, within the Namdong Industrial Complex in Incheon, is an example of administrative negligence. According to The Korea Times (2018.8.21.) article “9 killed in electronics factory fire west of Seoul,” “[t]he fire occurred at around 3:43 p.m. at an electronics goods factory production line that reportedly handles hazardous materials. Some workers jumped out of the building before firefighters arrived, and lost their lives. Dozens of firetrucks were sent to the scene located inside the Namdong industrial complex.” It is clear that the CEO and managers of the factory bungled the management of its fire-facilities. According to The New York Times (2020.4.30.) article “‘We Are Not Learning Lessons’: South Korea Mourns an Avoidable Disaster,” “[m]ajor fires, many of them linked to lax safety standards, have plagued South Korea for decades.” Therefore, the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems should be strengthened to prevent negligent behavior by the management, and prevent disasters, in line with the “Serious Accidents Punishment Act.”