산업안전보건법상 근로자의 권리― 작업중지권 실태조사를 중심으로 ―

Occupational Safety and Health Act article 26 is about Suspension of Work. It defines that if there is an imminent danger, the employer shall suspend the operations, evacuate from workplace, and he/she shall report it without delay to the immediate superior officer, who shall take appropriate measures to address the situation. And if there are reasonable grounds to believe that there exists any imminent danger, the employer shall not dismiss or give other unfavorable treatments to workers who have suspended work and taken shelter pursuant to paragraph because they have done so. However, unclear range and definition of “imminent danger” has caused a controversy because it is hard for workers themselves to judge whether a situation is danger or not. “Imminent danger” should be defined clearly in enforcement ordinances and enforcement regulations. From results of this research, we found that it is better to replace “imminent danger” with “when you recognize that ‘industrial accident’ seems to happen” in article 26 of OSHA. Because more realistic mean may help to use ‘the right of work suspension’ for workers. Also it is necessary to make a institute which can judge whether the right of work suspension was exercised justly or not. And if manuals for work suspension are made, these will helpful for workers to use ‘the right of work suspension’ easily in workplace.