사업주책임의 확대에 관한 법정책적 검토 -안전조치에 관한 대법원 판결의 의미-

Recently, accident prevention is becoming social issues and social requirements on responsibilities of accident prevention are increasing because of occurrence of frequent accidents in Korea. Accident prevention and post-accident countermeasure in Sewol ferry accident and many others become more important. Furthermore, it begins to emerge issue who agents of responsibilities on accident prevention are. The Supreme Court(2014. 5. 29. 2014Do3542) is widely recognized for employer liability. Direct contractual relationship between the parties in the past, but was recognized safety measures are responsible for the results of actions. Unlike the existing case law was ruled to be a responsible directly if the course of the contractual relationship. Recognition the employer responsible for the operation and oversight of the affiliated worker supervise work, even if the Occupational Safety and Health Act is violated as omission. As a result the wider the limits of safety measures can be directly responsible for the party's security measures, but is widely Who is responsible for the future given the responsibility. This is different from the existing case law precedent for Occupational Safety and Health Act violations by protection preventive functions are directly responsible for protection of the criminal law in a limits of indirect responsibility can be widened. There are various source of responsibility for violation case in Occupational Health and Safety Act.