산업안전보건법에 있어서 사업주책임 범위에 관한 고찰

Although there are many measures to protect workers in Occupational Safety and Health Act(OSHA), a responsibility of worker protection in workplace is mostly assigned to a employer. To seek the solution to protect workers as to the responsibility of a employer assigned in OSHA, it is necessary that various ways of protecting worker are made within territory of Acts which are supposed to protect workers. And for this, legal theory must be examined consistently. The reasonable measures are needed to protect ‘workers in an informal sector’ such as workers involved in specific types of works including home-school teacher, academy lecturer, caddy. On the basis of phenomenon and current state analysis of labor supply increasing variously, we suggest that legal and political measure must be prepared from aspects of involved Acts's mutual co-existence. In this sense, on occupational safety and health acts, it should impose responsibility to people who can solve a concrete problem about safety and health according to standard of workplace involved as well as industry and a type of business involved. Therefore, by using measures that they impose the responsibility to the employers pursuant to each workplace around the employers who take responsibilities for workers actually working, it can improve safe and health standards of regular workers and atypical workers.