Three years after the Serious Accidents Punishment Act (SAPA) came into effect in January 2022, workplace casualties continue to rise, particularly at construction sites. Critics argue that the law’s focus on severe penalties rather than effective preventive measures is proving ineffective, validating initial concerns about the law’s limitations.
According to data obtained by Democratic Party lawmaker Park Yong-gap from the Ministry of Land, Infrastructure, and Transport on Feb. 6, 35 workers lost their lives at construction sites operated by the country’s top 20 construction companies last year, a 25% increase from the previous year’s total of 28. The figure remained unchanged from the first year the Serious Accidents Punishment Act was implemented in 2022, when work-related fatalities reached 33. The figures, compiled from the government’s Construction Safety Management Integrated Information (CSI), include deaths that construction companies are legally required to report after an accident happens at the workplace.
The overall number of deaths and injuries at the top construction sites also rose to 1,868 in 2023, a 12.1% increase from 1,666 in 2022, the first year the law came into effect. This upward trend suggests that workplace accidents have not decreased despite the law’s enforcement. The problem is exacerbated by a sharp decline in construction activity due to the industry’s downturn. From January to November 2023, the number of building starts dropped to 101,678, down 28.9% compared to the same period in 2022. The failure to curb workplace accidents despite fewer construction projects highlights the law’s limitations.
Even beyond the construction sector, the law has not shown tangible results. According to the Ministry of Employment and Labor, 134 people died in the manufacturing sector in the first three quarters of 2023, up 8.9% (11-person) from the 123 deaths recorded in the same period the previous year. Similarly, fatalities in the transportation, warehousing, and telecommunications industries surged by 58%, rising from 12 to 19 deaths.
The financial burden of compliance is weighing on businesses. A mid-sized construction company spent an additional 5 billion won on safety management last year, exceeding its initial budget. The extra costs were from hiring additional safety personnel and paying for on-site consulting services to comply with SAPA, which far surpassed the safety management budget.
“Most of the costs were spent on hiring safety managers, purchasing safety monitors, and paying for site-specific safety consulting fees,” said a company official. “Even with these expenses, managing sites with 1,000 workers remains a challenge.”
On-site safety managers report that the law has led to excessive paperwork, reducing their ability to conduct on-site inspections. Mr. Kang, a 42-year-old safety manager at a construction firm, is responsible for maintaining more than 30 types of daily records, including TBM logs, safety and health management reports, protective equipment supply records, and various work plans. “Since the law took effect, I spend most of my time filling out documents instead of patrolling the site,” Kang said. “It would be far more effective to spend that time ensuring workers are wearing their helmets properly rather than being stuck with paperwork.”
Experts note that the law’s focus on punishment over prevention is proving ineffective in reducing workplace fatalities. Rather than addressing the root causes of workplace accidents, the law has encouraged companies to adopt formal compliance measures aimed at avoiding liability rather than improving actual safety conditions. A safety manager at a manufacturing company stated, “The problem is that SAPA allows companies to evade penalties as long as they complete the paperwork properly, which prevents them from focusing on actual safety measures.”
