사업장 중대안전사고의 규율: 영국의 2007년 법인과실치사법 사례

This study asks how serious accidents at work should be regulated in order to prevent them from taking place. This study explores the case of the Corporate Manslaughter and Corporate Homicide Act(CMCHA) 2007 of the UK in an effort to find an answer to the question. The CMCHA 2007 punishes organisations, including corporations, for their failure to discharge their duty of care for their employees, other persons working for them and persons affected by their activities. The Act is different from the Health and Safety at Work Act(HSWA) 1974 in that it directly punishes organisations for their organisational failures which give rise to dealths. It is also different from corporate manslaughter of the common law, which was abolished by the CMCHA 2007 in that it enables corporations punished without identifying, eg, a culpable director who is to be punished for manslaughter for the same deaths. It is concluded that The CMCHA 2007 was enacted to name their culpability for the deaths properly. In contrast to the two Acts of the UK, the Korean HSWA or the Criminal Act do not directly punish organisations for such organisational failures. As a result, punishment of organisations for serious accidents at work is not properly named, showing their organisational failures and accordingly very weak. very weak.