On December 29, last year, a pigeon flies in front of the window of the eastern detention center in Seoul, where the cumulative corona 19 confirmed more than 1,000. Senior reporter Kim Bong-gyu [email protected]
Group infection at the Eastern Detention Center in Seoul, where the cumulative number of confirmed cases exceeded 1,000The people’s power is continuing the offensive by discussing the theory of state responsibility. In particular, they raised their voices that they should punish those in charge, including Justice Minister Chu Miae, in accordance with the purpose of the Act on Severe Accident Business Punishment, which the ruling party is promoting. In a meeting with members of the National Assembly Legislative and Judicial Committee on the morning of the 5th, Ho-young Joo, head of the People’s Power, said, “It is clearly revealed how dehumanizing behavior was committed by the correctional authorities of the Ministry of Justice due to the East Detention Center incident. 43% of all prisoners were infected with Corona 19 only in the eastern detention center due to the government’s procrastination in quarantine. “Until the first confirmed case, the Ministry of Justice did not even provide masks to inmates. I even rejected the petition asking me to make a purchase.” In particular, he emphasized that the responsibilities of Minister Chu, who is in charge of operating and supervising correctional facilities, should be held by borrowing the logic of the Severe Accident Corporate Punishment Act. “The law on punishment for serious disasters is currently being discussed (at the National Assembly), but looking at the purpose of the law punishing those responsible for personal accidents, President Moon Jae-in and Minister Chu Mi-ae should be responsible for this collective infection in the Eastern Detention Center.” “President Moon apologized for the Ministry of Justice’s concealment of group infections and prolonged response, and that Minister Chu and others in charge should hold clear civil and criminal responsibility.” He added, “Minister Chu, who has already left the situation in the yard where two deaths have occurred, deserves an investigation for the abandonment of his job and the charges of negligence.”
Eastern detention center infection can be classified as a’severe civil disaster’
Looking at the bill of enactment of the Severe Accident Business Penalty Act, which the National Assembly is discussing, it seems that the remarks of the in-house representatives on the day are not just excessive political investigations. In order to protect the lives and safety of workers and citizens, the Severe Accident Corporate Punishment Act takes not only industrial accidents but also’civil accidents’ as an axis of serious accidents. Government amendments that underlie current legislative discussionsStipulates “when a user of a public use facility or public transportation facility or other person dies or is injured” as “severe civil disaster”. Since correctional facilities such as the Dongbu Detention Center can be classified as publicly-use facilities according to the Amendment Article 2, Item 4, it is highly likely that the Dongbu Detention Center, in which two inmates have already died, will also be considered a major civil disaster. If so, the Minister of Justice, who oversees the correctional authorities, falls under the punishment of the law as’business owners and managers. This does not mean that Minister Chu will be subject to punishment after the enactment of the Severe Accident Business Penalty Act. First, it must be proved that Minister Chu has neglected his safety obligations as a’business owner and manager, etc.’ In addition, the amendment narrows the scope of penalties for public officials by applying this law only when a criminal offense of job abandonment is admitted under the criminal law to prevent the unlimited expansion of criminal responsibilities of public officials. Most of all, due to the provisions of the supplementary provisions that’they will be enforced from the day one year has elapsed since the prosecution’, the possibility that the current Dongbu detention center situation will be subject to the law is slim. It seems that the limitation of the application of this law was the reason that the in-house representative in the state hurriedly charged the blame by referring to the “intent of legislating the Act on the Punishment of Companies with Serious Accidents”.
“The power of the people, don’t make a major disaster law politically”
However, it is pointed out that the opposition party’s assertion itself undermines the nature of the debate on legislation to protect the safety of industrial sites and the lives of workers. An official from the National Assembly, who was bright in the process of legislative discussions, said, “It seems likely that the collective infection of the eastern detention center will be included in a major civil disaster that fails to fulfill the government’s responsibility to protect the safety and lives of citizens.” In reality, there are 2,400 people who are unable to return home safely, and reducing the number of workers who cannot go home safely is the essence of the Act on Severe Accidents, and it is not desirable to use the legislation as a means for political conflict. Choi Myung-seon, head of the Labor Safety and Health Office of the KCTU also said, “The power of the people repeats the behavior of using the bill as a tool for political disputes whenever there is a related political issue.” “The legislation that protects workers’ lives and safety by preventing industrial accidents. “According to the purpose, it is an attitude that can prove the sincerity of the people’s power to accompany the weak to actively engage in bill discussions.”
Regardless of the Severe Accident Act, the Ministry of Justice is responsible for moral and legal responsibility.
Of course, there is also a prospect that it will be difficult for the head of the Ministry of Justice to avoid the responsibility of collective infection of correctional facilities regardless of the discussion on the severe disaster corporate punishment law. An attorney from a prosecutor said, “Considering the duty of the correctional authorities of the Ministry of Justice to protect the lives and safety of inmates, it seems self-evident that the Ministry of Justice should take moral and legal responsibility for this situation. There is no excuse for neglecting even the least quarantine measures such as quarantine.” The power of the people also announced that they would report the damage situation related to the group infection in the Eastern Detention Center at the party level and provide legal support such as lawsuits against the state. By Noh Hyun-woong and No Ji-won, staff reporter [email protected]