South Korea's Supreme Court has drawn up sentencing guidelines recommending prison terms of up to 15 years for business owners and chief executives who cause worker deaths, depending on how severely they breached their duty to ensure safety and health.
The Supreme Court's Sentencing Commission, chaired by Lee Dong-won, held its 148th plenary meeting on the 21st and reviewed revised sentencing guidelines for negligent homicide and injury, industrial safety and health crimes, serious accident crimes and traffic offenses, the commission said on the 22nd. Sentencing guidelines are recommended ranges set by the courts for each type of crime. They are not legally binding but serve as a reference for judges when handing down sentences.
The commission set the baseline range for deaths caused by serious industrial accidents at 18 months to four years in prison. Notably, the lower end of the baseline range is higher than the statutory minimum of one year. The mitigated range is 10 months to two years, and the aggravated range is three to 10 years. For injuries caused by serious industrial accidents, the baseline range is one year to two years and six months, the mitigated range is six months to 18 months, and the aggravated range is two to five years.
In fatal cases, the upper limit of the aggravated range can be raised by as much as 50% when multiple special aggravating factors apply, allowing recommendations of up to 15 years in prison. If an offender commits the same crime again within five years of a conviction for a serious industrial accident, both the upper and lower limits of the range are to be increased 1.5 times.
The commission also spelled out specific criteria for the special aggravating factor of "a serious breach of the duty to ensure safety and health." Typical examples include cases in which a risk that caused the accident had been reported and the need for improvement was clear, but the report was ignored, or in which the company repeatedly failed to comply with corrective orders from central government agencies.
Also covered are cases in which a subcontract was signed at a markedly low price that did not reflect the minimum cost needed to ensure safety and health, or in which the construction period was set so short that safety measures were difficult to carry out. Cutting safety-related budgets or diverting them to other purposes can also increase a sentence.
By contrast, the commission designated as special mitigating factors cases in which the victim knowingly entered a dangerous area or switched off an essential safety device simply because it was inconvenient. The same applies when the victim does not want the offender punished or when damages have been substantially repaired. Effective measures to prevent a recurrence will count as a general mitigating factor but will be recognized as a major positive consideration in deciding whether to suspend a sentence.
Separately, the commission set sentencing guidelines for obstructing a sobriety test that are identical to those for refusing one. The baseline range is eight months to two years in prison or a fine of 7 million to 15 million won ($5,000 to $10,700), the mitigated range is six months to 14 months in prison or a fine of 3 million to 10 million won, and the aggravated range is 18 months to four years in prison. For repeat drunk-driving offenses within 10 years, the commission recommended that prison terms be available even in the mitigated range. In particular, only prison terms may be chosen in the aggravated range for driving with a blood alcohol level of 0.2% or higher and for refusing or obstructing a sobriety test. The commission plans to finalize the guidelines after gathering opinions through public hearings and other channels.
