Arinite Interviewed by MBC over Corporate Manslaughter Legislation
A South Korean TV Producer, Gina McDonald, working for the Munhwa Broadcasting Corporation, South Korea’s second-largest public broadcaster, is making a TV documentary programme on Corporate Manslaughter and Corporate Homicide Health and Safety.
Gina and her film crew interviewed a Criminal Health and Safety Barrister, The Health and Safety Executive, and a Health and Safety Professor at Loughborough University.
After Gina “heard a lot about positive feedback and recommendations about ARINITE from their industry as a consulting company on Health and Safety”, she contacted Arinite for their viewpoint.
In 2022, a version of the UK The Corporate Manslaughter and Corporate Homicide Act 2007 is expected to be applied in South Korea.
United Kingdom
The Corporate Manslaughter and Corporate Homicide Act 2007 is an Act of Parliament that seeks to broaden the law on corporate manslaughter in the United Kingdom.
Companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
The Act, which came into force on 6th April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.
Companies and organisations should keep their health and safety management systems under review, in particular, the way in which their activities are managed and organised by senior management.
What lessons can be learnt?
As the UK was one of the first countries to introduce the 2007 Act, Gina wanted to know what the UK has learnt in the last 14 years.
Arinite’s International Services Director, Jan Mirkowski, was interviewed on 20th October 2021.
Whilst we await the MBC’s edited version of the broadcast, Jan Mirkowski when asked about the case law on Corporate Manslaughter said:
“I followed Corporate Manslaughter case studies with great interest following the MS Herald of Free Enterprise Zeebrugge disaster which capsized on 6th March 1987, resulting in the deaths of 193 passengers and crew.
It began taking in water shortly after leaving Belgium on its way to the Kent port of Dover.
It made all the international headlines around the world.
The company was charged with Corporate Manslaughter.
The case was not proven, and all the Directors were sent home and not prosecuted.
There was a public and media outcry.
There clearly were deficiencies in the safety management system, things that should have happened did not happen, and ultimately the Directors were responsible.
Our lawmakers started to understand our Corporate Manslaughter legislation was not good enough.
Around the late 1990s, I started reading that there would be some new Corporate Manslaughter legislation but at the same time, I was puzzled.
We have lots of health and safety legislation; it is possible to fine individuals and companies for breaking health and safety laws, and it is possible to put Directors in jail for breaking health and safety laws.
I was thinking what else could Corporate Manslaughter legislation offer which we don’t have?
The answer is corporate accountability.
In big companies, it is too easy to say, “it was not my fault.”
It is very difficult for the law courts to decide who exactly made the wrong decision that led to the accident/ incident.
As a result, most Corporate Manslaughter cases have succeeded where the company is very small.
The 2007 Act is aimed at the Directors and if they can’t agree who is culpable, grossly negligent, responsible, the prosecutors will say “fine we will see all of you in court.’”
We received feedback from Gina who said: “It was really great to meet you and Jan yesterday for the amazing interview.”
Broadcast
The documentary is scheduled to go live towards the end of 2021.
Arinite will post a follow-up article with a link to the footage once the date is confirmed and will share this via our newsletter, so click the following link and subscribe to be the first to know this and other health and safety news.
Are you compliant with The Corporate Manslaughter and Corporate Homicide Act 2007?
We trust the above has been helpful and if would like to know more about The Corporate Manslaughter and Corporate Homicide Act 2007 and how your organisation should respond please contact Arinite Director, Brendan Tuite, on [email protected] or call him direct on the following:
T: 020 7947 9581
M: 0771 8181 656
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