Serious Industrial Accidents Involving Foreign Workers: What Are the Employer’s Responsibilities?

✅ Problems in Industrial Worksites Employing Foreign Workers

1) Inadequate Safety Training Due to Language Barriers

Most safety training is provided only in Korean, making it difficult for foreign workers to fully understand the content.

2) Protection Gaps for Undocumented Workers

In the event of an industrial accident, undocumented workers often face difficulties in receiving compensation and tend to avoid reporting accidents.

3) Exposure to Hazardous Working Conditions

Foreign workers are frequently assigned to dangerous tasks—such as operating machinery or working in confined spaces—often without adequate protective equipment.

✅ Applicability of the Serious Accidents Punishment Act to Undocumented Foreign Workers

1) Definition of “Worker” and Legal Applicability

The Serious Accidents Punishment Act defines “workers” by reference to employees under the Labor Standards Act (Article 2(7) of the Serious Accidents Punishment Act). Accordingly, even undocumented workers are recognized as workers, and there are no statutory exceptions excluding them from protection.

2) Criteria for Counting Regular Employees

Under the Enforcement Decree of the Labor Standards Act, all workers are included in calculating the number of regular employees at a workplace, regardless of employment type. Therefore, when determining whether a workplace meets the threshold of “five or more regular employees” for application of the Serious Accidents Punishment Act, immigration status is irrelevant.

3) Employer’s Legal Obligations and Liability

Undocumented foreign workers are also protected under the Serious Accidents Punishment Act, and employers have a duty to ensure their safety. Failure to do so may result in severe administrative sanctions and criminal liability for breaches of safety management obligations.

✅ Foreign Workers and the Serious Accidents Punishment Act: Employer Responsibilities

1) Scope of Application of the Act

Employers are required under the Serious Accidents Punishment Act to fulfill their obligations to ensure workers’ safety and health. Foreign workers are entitled to the same legal protections as Korean workers, and in the event of an accident, both the employer and the responsible management personnel may be subject to punishment.

2) Criminal Penalties for Failure to Implement Safety Measures

If a worker dies, penalties may include imprisonment of at least one year or a fine of up to KRW 1 billion (Article 6 of the Serious Accidents Punishment Act).

3) Mandatory Safety and Health Training for Foreign Workers

Employers must provide customized safety training that takes into account linguistic and cultural differences. Failure to do so may constitute a violation of the Occupational Safety and Health Act and result in penalties (Article 167 of the Occupational Safety and Health Act). Because foreign workers may have a limited understanding of machinery operation and safety devices, employers must thoroughly provide instructions on proper use and safety procedures.

4) Strengthened Safety and Health Management Obligations of Management

Employers must designate safety and health management officers and regularly evaluate their performance to strengthen overall safety and health systems. If employers fail to establish measures to prevent recurrence after a serious accident, they may incur additional legal liability.

✅ Legal Support from Decent Law Firm

Foreign workers are a critical part of industrial worksites, but due to language barriers and poor working conditions, they face an increased risk of serious industrial accidents. This court ruling is significant in that it imposed strong penalties on an employer who neglected the duty to protect foreign workers.

Decent Law Firm’s Labor Center actively works to protect the rights of foreign workers and prevent industrial accidents, while also supporting companies in minimizing risks under the Serious Accidents Punishment Act through thorough legal preparation.

Our services include:

• Customized legal consulting for companies employing foreign workers
• Legal consultations available in English
• Support for compliance with the Serious Accidents Punishment Act and the establishment of corporate safety management systems

Companies should proactively prepare to reduce legal risks and ensure a safe workplace for all workers. If you require consultation on these matters, please feel free to contact us at any time.