November 2022 International Blog - Directors' Duties

Shocking news of Halloween crush in South Korea

South Korean prime minister, Han Duck-soo, has announced a thorough investigation into the Halloween crush last weekend that killed more than 150 people in a small narrow street in Seoul. At least 132 others are believed to be injured, with 37 in a serious condition in what has become the country’s worst disaster in years. Officials fear the death toll could rise further. Arinite’s thoughts are with the victims and their families. We can, in fact, claim a little exposure to health & safety in South Korea. Our November 2021 blog, Arinite Interviewed by MBC over Corporate Manslaughter Legislation, looked at South Korea’s Bill on Punishment for Serious Accidents. South Korean TV Producer, Gina McDonald wanted Arinite’s views on how the UK’s experience with corporate manslaughter legislation might carry across to her own country. The Serious Accidents Punishment Act came into effect there on 27th January. Under the Act, business owners and managers could face a minimum of a year in prison and/or a criminal fine of up to 1 billion Korean won (£618,500) if there is a fatality. The company could also be subject to a criminal fine of up to 5 billion Korean won (just over £3m).

Should other countries worry?

Many countries already have legislation in place to punish directors for workplace health & safety breaches. Extending the law into the realms of corporate manslaughter or corporate homicide is not so common, however, as it brings companies and organisations to account rather than individuals. But do you know what? Legislation has a funny way of spreading around the world: look at how same-sex marriage is now lawful in about 30 countries. Perhaps in a rush to catch up on work after lockdown ended, Singapore saw a rise in workplace fatalities and injuries in 2022. That country recorded 31 deaths in the first seven months, compared with 30 work-related deaths for the whole of 2020. 10 workplace fatalities were recorded in April alone. Already, Singapore’s Senior Minister of State for Manpower, Zaqy Mohamad, announced in August 2022 that an Approved Code of Practice (ACOP) for Company Directors' Workplace Safety and Health Duties would be published. Back in the UK, there have been only around 30 convictions since our Corporate Manslaughter and Corporate Homicide Act was introduced in 2007. A couple of the noteworthy convictions include: · Cotswold Geotechnical Holdings - the first prosecution under the Act - charged with the unlawful killing of a young geologist by gross negligence. In February 2011 they were found guilty and fined £385,000 following a two-week trial. The company had a turnover of £333,000 and could pay the fine over a 10-year period, paying £38,500 each year. · Princes Sporting Club Ltd, a Middlesex water sports club, was fined its entire company assets of £134,579.69 in November 2013 after an 11-year old girl was hit and killed by a speedboat in 2010. Fines have also been increasing for several years in the UK for health & safety offences. Make sure that all your directors worldwide are up to date with their health & safety responsibilities. Arinite produces a factsheet on Directors’ duties, and can also organise briefings or training courses.

Contact Us

Arinite clients appreciate we provide practical, no-nonsense advice about what you need to do to establish and maintain a safe and healthy working environment. Our team of health and safety consultants takes pride in keeping health and safety simple. If you need to call upon our expert assistance, or just for an informal chat, please call our office on 0207 947 9581, or contact us here. Jan Mirkowski