Without punishment, the procession of death cannot be stopped...
Even if it is difficult right now to amend the Serious Accident Punishment Act, the enforcement ordinance should be revised.
We realized this when we saw the collapse of a building in Hak-dong, Dong-gu, Gwangju. that no one is safe. The building collapsed within minutes, killing nine people and injuring eight others. Some were suddenly pressed to death by the rubble of a building while visiting the hospital, and others were crushed on the bus while going to the market to prepare a delicious dinner for their son. They just took the bus. In a Korean society where earning money is prioritized over life, not only workers but also citizens die.
Subcontracting and subcontracting to reduce costs
Only after the investigation results will we know exactly why the building being demolished suddenly collapsed in a matter of minutes, why there were no devices on sidewalks and roads to prepare for the risk of collapse or debris, and why there was no safety guidance even in a large-scale redevelopment area. . But we can roughly infer the cause. Even though the building was being demolished right next to the sidewalk, there was only one screen to prevent dust. There was no one in sight to control the sidewalks and passers-by and warn of the danger.
Perhaps, as is the case at many construction sites, the construction company subcontracted to reduce construction costs, reducing the number of personnel such as safety managers and poor safety measures. It would have shortened the construction period or used a less expensive method of dismantling the building. In fact, the original contractor, Hyundai Development Company, was prohibited from 'subcontracting in process under the Framework Act on the Construction Industry but subcontracted the entire construction to Hansol Corporation, and Hansol Corporation subcontracted to Backsol Construction. The original contractor did not manage safety. Since 2013, Hyundai Development Company has been announced as a workplace with a lot of industrial accidents and a workplace with a lot of serious accidents. However, did the Dong-gu Office of Gwangju City carefully review and confirm the dismantling plan and then give permission?
The Building Management Act of 2020 was enacted and implemented to ensure safe construction. Of course, it's not perfect. There is a loophole in that the building demolition permit and supervision of the Building Management Act are only applicable to buildings with five or more floors. The building that collapsed this time is on the 5th floor. In order to dismantle a building according to the law, it is necessary to obtain permission from the mayor, the provincial governor, and the head of a city, gun or gu, and appoint a supervisor. The supervisor must check whether the construction is in accordance with the plan, such as the work order and dismantling method, and check the fire and collapse prevention measures at the site, traffic safety, and safe passage, and measures to prevent falls and falls.
However, according to the facts currently revealed in the collapse, the safety measures in the plan were empty, and the company did not demolish it according to the dismantling plan. A safety checklist specifying safety inspection standards was not attached. The Dong-gu Office gave permission without properly reviewing the plan. In addition, the Dong-gu Office did not take any safety measures despite the demolition work being done right next to the bus stop where many people gather.
CEOs, ordering companies, and public officials should be punished
If so, what measures did the redevelopment association, the client, take for safety? Why did the client select Hyundai Development Company, which has suffered many industrial accidents, as the contractor? Wasn't it possible that you chose a company that bought a lot of things out of greed to cut costs? It is a time when the punishment of the ordering party becomes more important in a reality where more and more development associations are focused only on the profits of real estate redevelopment.
The laws and systems are insufficient to properly punish those responsible for taking the lives of several people overnight. The Serious Accident Punishment Act, enacted in early 2021, will not only come into effect in 2022 but also half of the bill was enacted. Even now, the National Assembly and the government should try to revise the Serious Disaster Punishment Act and enact a proper enforcement ordinance.
First, the law should be amended to punish the chief executive officer such as Chung Mong-gyu, chairman of Hyundai Development Company. The current law does not clarify the scope of the person in charge as 'business owner or managerial manager', but postpones the definition of the scope to the enforcement ordinance. As a result, there is room for shifting responsibility for major accidents to the person in charge of safety management.
Second, the 'punishment of the ordering party', which was omitted when the law was enacted, should be included. In addition to demolition works, there are many cases in which clients force the construction period to be shortened in order to maximize profits. Han Express, the owner of the logistics center in Icheon, Gyeonggi-do, which killed 38 people in 2020, neglected to carry out dangerous work at the same time to shorten the construction period and did not manage or supervise safety.
Third, the provision of punishment for civil servants should be incorporated into the law. The government has a duty to manage and supervise not only construction permits, but also safety management and supervision, so if it is not fully implemented, it should be punished. In this way, it is possible to prevent a situation in which public officials fail to supervise properly by receiving illegal solicitation or by showing a bureaucratic easygoing attitude. After the collapse of the building in Gwangju, various local governments such as Seoul and Busan have hurriedly launched an emergency safety check on the building demolition site, but this is not enough. In particular, as more and more local governments are trying to get votes in elections through real estate redevelopment projects, punishment for civil servants must be included. Furthermore, local government policies must also shift their central axis from redevelopment profits to 'safe management of the redevelopment process.
Businesses with fewer than 5 employees are excluded from the application and should be deleted
In addition, regulations on the exclusion from the application of workplaces with fewer than 5 employees or the suspension of enforcement for two years for workplaces with fewer than 50 employees (3 years after promulgation) should be deleted from the Serious Accident Punishment Act.
Even if it is difficult to amend the law right away, it is not without away. Even if the ordinance is done properly. Currently, there is little discussion about the enforcement ordinance in the field of industrial accidents in the Act on the Punishment of Serious Accidents, but there is no discussion on the enforcement ordinance for civil accidents. The current law defines 'severe civil accidents' as 'disasters caused by defects in the design, manufacture, installation, and management of specific raw materials or products, public facilities, or public transportation. However, to include events that occurred during the demolition process as in this case, comprehensive regulations such as 'places with a high risk of life and bodily damage' can be included in the enforcement ordinance. Only then can those responsible be punished to protect the rights of citizens who are harmed by disasters that occur while passing large-scale demolished areas, development areas, or industrial complexes.
In addition, the obligation to secure the safety and health of business owners and business managers should be specified to punish the company's CEO. The prevention effect is also great if it is nailed as a regular on-site inspection so as not to simply report or perform formal inspections in 'Measures for the establishment and implementation of a safety and health management system such as personnel and budget necessary for disaster prevention.
Punishment is not good, but without punishment, we cannot stop the procession of death. Punishment is only the beginning of change.