Korea's Supreme Court Launches Sentencing Guidelines for Serious Industrial Accidents

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By Kim Sung-tae
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Supreme Court. Yonhap News - Seoul Economic Daily Society News from South Korea
Supreme Court. Yonhap News

The Supreme Court's Sentencing Commission has decided to establish new sentencing guidelines for crimes under the Serious Accidents Punishment Act.

The commission held a plenary meeting Tuesday and decided to add crimes related to serious industrial accidents under the Serious Accidents Punishment Act to the existing sentencing guidelines for "negligent homicide and injury and industrial safety and health crimes." The category will be renamed "negligent homicide and injury, industrial safety and health, and serious accident crimes."

The "serious accident crimes" category will be divided into two types: serious industrial accidents causing injury and serious industrial accidents causing death. The guidelines also include a provision that increases both the upper and lower limits of the sentencing range by 1.5 times if the same crime is committed again within five years of a final conviction for a serious industrial accident.

However, the commission decided to apply the new sentencing guidelines only to prison sentences.

"This is a new sentencing standard for violations of the Serious Accidents Punishment Act, created by adding guidelines for violations of that act to the existing guidelines for negligent homicide and injury and violations of the Occupational Safety and Health Act," a Supreme Court official said. "At this meeting, the scope and classification of types were discussed, and the sentencing range and sentencing factors will be discussed at subsequent meetings."

Sentencing guidelines to protect emergency medical workers and firefighters and paramedics were also established for the first time. For assaults on emergency room medical staff, sentences will be divided into four levels depending on the outcome, ranging from simple assault to injury, serious injury and death. Separate standards will also apply to assaults on firefighters or obstruction of their dispatch.

The next meeting will be held on the 22nd of next month. The Sentencing Commission plans to review revised sentencing guidelines for traffic crimes and violations of the Lending Business Act and the Fair Debt Collection Practices Act.

"Considering public interest and practical necessity, we will establish strict sentencing guidelines for serious accidents and obstruction of emergency medical crimes," a commission official said.

Original reporting by Kim Sung-tae for Seoul Economic Daily.

AI-translated from Korean. Quotes from foreign sources are based on Korean-language reports and may not reflect exact original wording.

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