형법을 통한 산업안전관리의 한계와 위험성평가 제도의 도입

The fundamental policy of Occupational Safety and Health Act(OSHA) is the prevention of industrial accidents, as we'll see in the purpose of the OSHA. It's main goal is to ensure that employers provide employees with a work environment free from recognized hazards. Provided that industrial accidents ever take place, there are penalty clauses so as to secure occupational safety and health. For example, any employer who willfully violates any standard prescribed pursuant to section 67 of the OSHA, shall be punished by a fine of not more than 50 million won or by imprisonment for not more than 5 years. And if the violation causes death to any employee, any employer shall be punished by a fine of not more than 100 million won or by imprisonment for not more than 7 years. But these penalty clauses cannot eliminate all workplace accidents. For that reason, the Ministry of Employment and Labor announced officially that the risk assessment was introduced for the use of workplaces on September 26, 2012. This means changing from the control order to the self-control management in workplaces. Because the risk assessment requires that employers and those who control workplace to any extent must: identify the hazards in the workplace under their control, and access the risks presented by these hazards. But there is no penalty clause for breach of risk assessment as general duty in the OSHA. Therefore, it is important to enact penalty clauses which are enforceable in the event of a breach of risk assessment. However it does not mean that the penalty should be criminal. From that perspective, what I propose for the successful introduction of risk assessment is the cumulative penalty presented by Elinor Ostrom.