No Employer Penalties for 663 Overwork Deaths in South Korea Over 3 Years

In South Korea, 663 workers have been officially recognized as having died from overwork-related industrial accidents in the past three years. However, in a striking lack of accountability, not a single employer has faced criminal prosecution or even administrative fines in connection with these deaths. This situation highlights a significant gap in the legal framework for protecting workers from occupational hazards.

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There is a clear systemic void when overwork-related industrial accidents are recognized, yet there are no provisions to regulate them.

Data obtained by Lee Hak-young, a deputy speaker of the National Assembly, from the Ministry of Employment and Labor reveals that between 2023 and February of the current year, 1,992 cases were reported as suspected work-related deaths. These primarily involved sudden cardiac arrest or cerebral hemorrhage, conditions strongly linked to excessive work hours and stress.

Of the reported cases, 663 were approved by the Korea Workers' Compensation and Welfare Service as industrial accidents. Alarmingly, none of these cases resulted in employers being sent to prosecutors with recommendations for charges or being issued fines. The Ministry of Labor explained that cases involving deaths from cardiovascular and cerebrovascular diseases are closed because "there are no applicable provisions under the Occupational Safety and Health Act."

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The current investigation and supervision system is problematic, as it only operates within the Occupational Safety and Health Act and cannot address violations of the Labor Standards Act, such as excessive working hours.

Critics argue that the current laws, particularly the Occupational Safety and Health Act, primarily focus on physical accidents like falls or collisions. The Serious Accidents Punishment Act's enforcement decree also excludes cardiovascular and cerebrovascular diseases from its definition of occupational illnesses. This legal loophole means employers may not feel compelled to improve working conditions, even when workers die from exhaustion and long hours. Lee Hak-young stressed the "clear systemic void" and called for "effective institutional improvements for the prevention of overwork deaths."

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There are no applicable provisions under the Occupational Safety and Health Act for deaths from cardiovascular and cerebrovascular diseases.