The increasing adoption of AI in workplace safety management has raised an important question under Korea’s Serious Accidents Punishment Act (the “SAPA”): to what extent can the introduction and operation of AI-based safety management systems demonstrate that a company has fulfilled its statutory duty to establish and implement an effective safety and health management system?

The issue has gained significance following a recent decision of the Suwon High Court (Suwon High Court Decision No. 2025No1502, decided April 22, 2026).  The court held that liability under the SAPA may arise where a serious accident results from a breach of duties relating to the establishment and implementation of a safety and health management system, even without establishing a breach of a specific duty under the Occupational Safety and Health Act.  This article examines the legal framework and practical considerations relevant to the implementation of AI-based safety management systems.   

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