한국과 영국의 산업안전보건법 처벌에 관한 비교 연구
A Comparative Study on The Criminal punishment case of Korea and United Kingdom by The Occupational Safety and Health Act
조흠학(한국산업안전공단)
18권, 297~371쪽
초록
Safety and health in work places has been considered an important problem in enterprise organization due to changing enterprise organization forms in developing industrial society. Accordingly, mandatory regulations were established for workers to be able to work in a safe and comfortable environment. These regulations were established under the employer's responsibility in the Occupational Safety and Health Act. Results that compared punishment system of the Korean Occupational Safety and Health Act with foreign punishment systems showed a significant difference in punishment outcomes. In Korea, penalty for fatal accidents does not exceed 20,000,000 won, but in Britain, penalty for small violation results in fine exceeding 20,000 pounds. Recently, the Corporate Manslaughter and Corporate Homicide Act that punishes an enterprise's highest executive for a serious accident according to the Occupational Safety and Health Act has been established in Britain. So, in this paper, some measures to improve the Korean Occupational Safety and Health Act punishment system have been suggested. We presented some measures that require amendment in the punishment regulation through positivism of punishment regulation of Occupational Safety and Health Act, solutions for overlapping duties in the Occupational Safety and Health Act, establishment of publication system, and employer's education on accessory penalty and extension of fines. Although it is a political issue, strengthening of labor supervisor's investigation can improve the efficiency of the law enforcement. Therefore, Strengthening of employer's punishment regulation according to the violation of Occupational Safety and Health Act contributes to safe working environment and is one of the measures for preventing occupational accidents through changing the recognition of occupational safety.
Abstract
Safety and health in work places has been considered an important problem in enterprise organization due to changing enterprise organization forms in developing industrial society. Accordingly, mandatory regulations were established for workers to be able to work in a safe and comfortable environment. These regulations were established under the employer's responsibility in the Occupational Safety and Health Act. Results that compared punishment system of the Korean Occupational Safety and Health Act with foreign punishment systems showed a significant difference in punishment outcomes. In Korea, penalty for fatal accidents does not exceed 20,000,000 won, but in Britain, penalty for small violation results in fine exceeding 20,000 pounds. Recently, the Corporate Manslaughter and Corporate Homicide Act that punishes an enterprise's highest executive for a serious accident according to the Occupational Safety and Health Act has been established in Britain. So, in this paper, some measures to improve the Korean Occupational Safety and Health Act punishment system have been suggested. We presented some measures that require amendment in the punishment regulation through positivism of punishment regulation of Occupational Safety and Health Act, solutions for overlapping duties in the Occupational Safety and Health Act, establishment of publication system, and employer's education on accessory penalty and extension of fines. Although it is a political issue, strengthening of labor supervisor's investigation can improve the efficiency of the law enforcement. Therefore, Strengthening of employer's punishment regulation according to the violation of Occupational Safety and Health Act contributes to safe working environment and is one of the measures for preventing occupational accidents through changing the recognition of occupational safety.
- 발행기관:
- 한국비교노동법학회
- 분류:
- 노동법