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th measure violations at workplaces please see below a summary of the key provisions under the bill 1 key provisions of the bill category key provisions economic sanctions penalty surcharges on companies with multiple or repeated serious accidents article 161 2 where a business owner or a service receiving entity has violated its safety and health obligations articles 38 39 or 63 resulting in an industrial accident in which three or more workers have died within the past one year period a penalty surcharge of up to 5 of operating profit may be imposed up to krw 3 billion where there is no operating profit or it is difficult to calculate request for deregistration of business article 159 2 where a business owner that has received two or more business suspension orders under the osha within the past three years becomes subject to a request for business suspension the minister of employment and labor may request the head of the relevant administrative agency to cancel or revoke his her business registration strengthened right to suspend work relaxed requirements article 52 the threshold for a worker to exercise the right to suspend work is revised from where imminent danger exists to where imminent danger exists or is likely to exist expanded scope article 51 workers worker representatives and honorary industrial safety inspectors are granted the right to demand work suspension subcontractors workers may make the demand directly to the service receiving entity strengthened work suspension orders by the minister of employment and labor expanded grounds article 55 the minister of employment and labor may order the suspension of relevant or identical work if it is determined that there is a risk of an industrial accident recurring not only in cases where a serious accident has occurred but also in cases where i a worker is unconscious or whose survival is unknown or ii there is serious damage to the body or its physiological functions as prescribed by the presidential decree introduction of reporting rewards article 158 2 a reward may be provided to anyone who reports a violation of the osha or an order issued thereunder 2 purpose of the bill and key considerations first the penalty surcharge is calculated based on the operating profit of the business owner i e the company not the workplace accordingly the number of fatalities occurring across multiple workplaces belonging to a single company may be combined in determining whether a penalty surcharge applies in addition since a service receiving entity s breach of its obligations article 63 will be considered the deaths of subcontractors workers may also be taken into consideration in determining whether to impose a penalty surcharge on the service receiving entity companies with numerous workplaces such as construction companies or with a high reliance on subcontractors may therefore face a greater risk of penalty surcharge and depending on the scale of operating profit the amount could be substantial second the penalty surcharge is a sanction separate from criminal penalties or administrative fines that is criminal proceedings and penalty surcharge proceedings may run in parallel for a single accident and a determination made in one proceeding may affect the other accordingly it has become more important than ever to take a consistent approach that accounts for both criminal and administrative sanctions from the early stages of an accident the bill also requires consideration of the degree of efforts to prevent industrial accidents and their recurrence in determining the penalty surcharge amount article 161 2 paragraph 3 item 3 accordingly where companies regularly review the adequacy of their safety and health management systems and maintain objective records of routine safety and health activities such efforts may not only help prevent serious accidents but also be considered as a mitigating factor in determining the penalty surcharge amount third the threshold for exercising the right to suspend work is lowered to cases where imminent danger is likely to exist and subcontractors workers may demand work suspension directly to service receiving entities accordingly the exercise of the right to suspend work at workplaces is expected to increase significantly a business owner that receives a work suspension demand must take necessary measures e g suspension of the relevant work absent special circumstances and may be subject to criminal penalties for any disadvantageous treatment of the demanding worker it is therefore advisable to establish internal procedures covering the receipt assessment and lifting of work suspension demands and to review such procedures regularly fourth the minister of employment and labor may order the suspension of the relevant work or all identical work if it is determined that there is a risk of an industrial accident recurring not only in cases where a serious accident has occurred but also in cases where i a worker is unconscious or whose survival is unknown due to an accident or ii there is serious damage to the body or its physiological functions as prescribed by the presidential decree accordingly it is advisable to establish procedures to respond to potential work suspension orders and to promptly implement recurrence prevention measures for accidents involving not only fatalities but also serious injuries with these amendments failures in safety and health management may now translate directly into financial consequences for companies beyond criminal and administrative risks accordingly it is advisable to comprehensively review worksite level safety and health management systems and procedures for responding to the exercise of work suspension during the six months before the law takes effect korean version 2026 10 06 newsletters view more newsletters korea s criminal justice overhaul the new landscape for digital forensics practice following the separation of investigation and prosecution on october 2 2026 alongside the conversion of the prosecutors office into the public prosecution service and the structural separation of the investigative and prosecutorial functions the serious crimes investigation agency the scia will officially launch as the new body responsible for investigating serious crimes a key question for digital forensics practice will be which agency holds responsibility for collecting and analyzing digital evidence and how those functions will be carried out in practice 1 separation of investigative and prosecutorial functions and diversification of investigative agencies the amended criminal procedure act the cpa passed the plenary session of the national assembly on july 31 2026 was promulgated on august 4 2026 and takes effect on october 2 2026 the prosecution service act and the act on the organization and operation of the serious crimes investigation agency the scia act both enacted earlier on march 24 2026 are scheduled to take effect on the same day the amended cpa removes prosecutors direct investigative authority article 196 and consolidates investigative authority within judicial police officers prosecutors instead institute and maintain prosecutions while overseeing investigations through mechanisms such as warrant requests supplementary investigation requests and re investigations article 195 as a result the prosecutors office will transition into the public prosecution service under the ministry of justice while serious crimes investigations move to the scia under the ministry of the interior and safety and other investigations to the police separating the investigative and prosecutorial functions at the same time as investigative agencies multiply the police the corruption investigation office for high ranking officials the scia and the special judicial police overlapping jurisdictions are expected a council for investigative jurisdiction coordination will be established to resolve these conflicts article 197 4 with its composition functions and operations to be prescribed by presidential decree in addition during the scia s launch phase certain cases currently under investigation by the prosecutors office are expected to be transferred to the police while police cases will be notified and referred to the scia 2 reallocation of the forensic science functions between the public prosecution service and the scia with the separation of the investigative and prosecutorial functions the forensic science capabilities for serious crimes will likewise transfer from the prosecutors office to the scia under the draft act on the public prosecution service and its affiliated agencies the existing forensic science investigation department will be abolished and reorganized into a scaled down forensic science planning office supporting the deputy prosecutor general the forensic science planning office will comprise three divisions the forensic science examination division the advanced forensics and psychological analysis division and the digital forensic system division rather than conducting examinations for investigative purposes it will focus on cross examining documents dna samples and chemical evidence needed to evaluate and maintain indictments as well as managing evidence preservation and analysis systems operating the national digital forensic center the ndfc and planning forensic science work also fall within the forensic science planning office s remit in other words although the public prosecution service will not conduct investigations itself it will retain independent verification capabilities to evaluate analysis results submitted by investigative agencies the scia will be tasked with investigating statutory serious crimes such as economic financial anti corruption narcotics defense acquisition industrial technology and cybercrimes its head office will feature three investigation bureaus the economic crime investigation bureau the anti corruption investigation bureau and the forensic science investigation bureau together with an inspector office a planning coordination office and an investigative intelligence office each of its six regional offices in seoul suwon daejeon busan daegu and gwangju will include a forensic science investigation support division the scia s authorized headcount stands at 2 874 396 at the head office and 2 478 across regional offices to date around 1 760 personnel 61 2 of the total headcount have applied through special appointment procedures for existing prosecutors and prosecutorial staff even after launch the scia is expected to continue recruiting police officers attorneys and other personnel through further special appointments and competitive hiring within the scia s head office the forensic science investigation bureau will encompass the cyber technology investigation division the digital investigation division and the ai virtual asset analysis division the scia is expected to build its infrastructure by connecting to the national digital forensics as a service ndfaas platform and the korea information system of criminal justice services kics currently used by the prosecutors office concentrating in its early days on establishing prompt stable systems furthermore the scia s rules on case affairs an ordinance of the ministry of the interior and safety currently under legislative notice addresses the seizure search and verification of electronic information article 73 consistent with current practice electronic data must be searched and verified at the location of the relevant storage medium with printing or copying limited to data relevant to the alleged criminal facts off site removal of original storage media is permitted only under narrow exceptions and a list of seized electronic data must be provided with the details to be set out in separate rules 3 reconsideration of the ndfc expansion project the ndfc currently under the forensic science investigation department of the supreme prosecutors office houses the digital forensic division the cyber and technology crime investigation division the forensic science division and the forensic genetics chemistry division as a core national infrastructure for forensic science the ndfc conducts digital forensic analysis as well as examinations of dna samples videos documents psychological data and other forensic evidence needed for investigations and trials receiving 10 036 analysis requests in 2024 alone per the prosecutors office yearbook given the facility s age since its completion in 2008 and chronic space shortages for staff and equipment an expansion project has been pursued since 2021 however on september 5 2026 the ministry of justice announced that it would fully reconsider the ndfc expansion project in light of the upcoming launch of the public prosecution service and the scia alongside the accompanying structural and staffing reorganizations 4 outlook and implications for digital forensics practice going forward the scia is expected to perform primary digital forensics during the investigation stage through its forensic science investigation bureau while coordinating closely with existing ndfc centered infrastructure notably its ai driven capacity to review and analyze large data sets is likely to improve the speed and scope of collecting screening and analyzing seized data in corporate crime cases furthermore because the amended cpa mandates full video recording of the entire search seizure and verification process effective august 5 2027 article 220 2 securing procedural legitimacy by having defense counsel attend warrant execution will become essential formulating defense strategies that properly account for attorney client privilege scheduled to take effect on february 20 2027 will be especially critical as seizure and search practice evolves challenges to the admissibility of digital evidence at trial are expected to increase beyond the traditional exclusionary rule for illegally obtained evidence defense teams should leverage the newly created statutory ground for dismissing a prosecution where charges are brought based on a seriously illegal investigation under cpa article 327 subparagraph 2 consequently companies are advised to systematically confirm and record from the earliest stage of an investigation who collected each item of digital evidence through what methods and subject to what procedural safeguards that said several key practical details remain unsettled in subordinate legislation the specific procedures for requesting examinations and for coordination between the scia and the ndfc the unified operational model for kics protocols for transferring and storing forensic examination materials and the standards for procedural legitimacy of ai driven analysis of large scale digital evidence as the new investigative system beds in digital forensics practice is likely to undergo significant realignment with distinct operational conventions developing across different investigative agencies korean version re...