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학술논문사회법연구2010.06 발행KCI 피인용 1

취업제한 규칙에 관한 규제순응 결정요인 연구 -유해·위험작업의취업제한에관한규칙을 중심으로-

Research on decisive factors of the regulation compliance for the hazardous and dangerous work employment restriction regulation

이관형(산업안전보건연구원)

13호, 125~162쪽

초록

This study was aimed to improve the quality of administrative regulations by understanding the overall regulation compliance including regulation effectiveness and rate of regulation compliance and recognition of the employers, selected education organizations, workers and inspectors. By understanding this, we sought to provide the basic data required for building and improving administrative regulations for occupational safety and health. The subjects for this study included employers, workers, selected education organizations and labor inspectors, where each subject was site visited. The results from the regulation compliance research showed high levels of regulation recognition, acknowledgement and compliance from the employers of the Non-regulation organization and workers of the 3rd organizations. However, the efforts to increase the regulation compliance level must continue. Although the level of regulation compliance was high, the government must continue to develop promotion activities, systems, and incentives associated with regulations in order to sustain the high levels of regulation compliance. Unlike other existing safety and health regulations, regulation organization has shown rather negative response toward understanding, necessity and the purpose of the regulation compared to other organizations. Thus it is required to make sure that the inspectors fully comprehend the necessity and the purpose of the regulation. Regarding the contents, duration and class sizes for the qualification certification and technique acquirement that are operating in selected education organizations, workers, inspectors and selected organizations have evaluated as generally appropriate. Also, the risk level for hazardous and dangerous tasks were considered as dangerous by more than 50% of all workers and employers, where most of them responded to the losses and seriousness of occupational accidents as very serious. In order to increase the level of regulation compliance based on these results, first, education promotion and periodical announcement of the regulation compliance should be strengthened, second, better understanding of the tasks and regulation effectiveness of the enforcement of administrative regulation should be confirmed in regulation organizations, and third, modification of the current regulation to a more realistic regulation considering low demand and number of selected education organizations should be made.

Abstract

This study was aimed to improve the quality of administrative regulations by understanding the overall regulation compliance including regulation effectiveness and rate of regulation compliance and recognition of the employers, selected education organizations, workers and inspectors. By understanding this, we sought to provide the basic data required for building and improving administrative regulations for occupational safety and health. The subjects for this study included employers, workers, selected education organizations and labor inspectors, where each subject was site visited. The results from the regulation compliance research showed high levels of regulation recognition, acknowledgement and compliance from the employers of the Non-regulation organization and workers of the 3rd organizations. However, the efforts to increase the regulation compliance level must continue. Although the level of regulation compliance was high, the government must continue to develop promotion activities, systems, and incentives associated with regulations in order to sustain the high levels of regulation compliance. Unlike other existing safety and health regulations, regulation organization has shown rather negative response toward understanding, necessity and the purpose of the regulation compared to other organizations. Thus it is required to make sure that the inspectors fully comprehend the necessity and the purpose of the regulation. Regarding the contents, duration and class sizes for the qualification certification and technique acquirement that are operating in selected education organizations, workers, inspectors and selected organizations have evaluated as generally appropriate. Also, the risk level for hazardous and dangerous tasks were considered as dangerous by more than 50% of all workers and employers, where most of them responded to the losses and seriousness of occupational accidents as very serious. In order to increase the level of regulation compliance based on these results, first, education promotion and periodical announcement of the regulation compliance should be strengthened, second, better understanding of the tasks and regulation effectiveness of the enforcement of administrative regulation should be confirmed in regulation organizations, and third, modification of the current regulation to a more realistic regulation considering low demand and number of selected education organizations should be made.

발행기관:
한국사회법학회
DOI:
http://dx.doi.org/10.22949/kassl.2010..13.005
분류:
사회보장/사회법

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취업제한 규칙에 관한 규제순응 결정요인 연구 -유해·위험작업의취업제한에관한규칙을 중심으로- | 사회법연구 2010 | AskLaw | 애스크로 AI