산업재해와 형사책임- 산업안전보건법 제66조의2를 중심으로 -

Industrial accidents are unforeseen incidents that are not scheduled or planned and cause injury to employees. Occupation Safety and Health Act (OSHA) regulates that business owner have a duty and criminal responsibility to prevent industrial accidents. If the business owner breach the duty, the owner will be sentenced to imprisonment for not more than five years or a fine not exceeding fifty million one according to Art. 67. And if the employee is dead, the owner will be sentenced to imprisonment for not more seven years or a fine not exceeding one hundred million won according to Art. 66-2. So OSHA can be defined as criminal law of business owner. But the Supreme Court show a passive attitude towards application of Art. 66-2. So the elements of Art. 66-2 are not clear. And the legal characteristics of Art. 66-2 may be an issue. Because Art. 23 or 24 are done by omission that is possible not only negligence but intention. The Supreme Court may understand that it is a special form of professional negligence resulting in death. But Art. 67 is not regulate a penalty clause about negligence criminal, it's legal characteristics is an aggravated crime. Therefore if the owner breach the duty and the employee is dead, the owner will be punished in accordance with Art. 66-2. But in that case, the owner should not be punished for simple violation of duty. In other words it should be revised an administrative penalty as the Special Act on the Safety Management of Facility. It may be summarized as follows. ① a simple violation of duty — administrative penalty,② a repeatable violation of duty — corrective measures and administrative punishment,③ an intentional violation of duty — administrative punishment. In that case, I think that the principle of legality harmonizes with benefit and protection of OSHA.