사회보장법으로서의 산업안전보건법

The Industrial Safety and Health Law is to establish the standards of industrial safety and health, to clarify who is responsible, to ensure the employee’s security and health for o preventing the industrial accidents by giving the employers duties to observe this law, supervising their observance, and imposing the penalty on their breaching the rules. For the Industrial Safety and Health Law is the law in principle to protect the employees from industrial accidents, it gives the duties to employers that make the employment contract with the employee in principle. So it can’t give the duties to the contractors. By the way, Industrial accidents occur a lot within the business of subcontractor because it is a small-scale. For protecting the employees from industrial accidents, the Industrial Safety and Health Law have the rules to give subcontractor the duties. Considering the economic system of capitalism, it can’t give the duties to subcontractor. If we try to find the methods to do so, the Industrial Safety and Health Law must have the legal nature as the social security law that allows people to perform the duties imposed on them in force. In a further explanation, the social security law has three types of law: social insurance law, public assistance law and social service law. The ideal of social insurance law is based largely on the social solidarity that means the mutual aid. For mutual aid, the fund is needed. The fund is raised by members’ contribution in social insurance law that is called the principle of insurance. In addition to the principle of insurance, the act that aides each other is to realize the social solidarity as well. If the contractor helps the subcontractor, that is to do so. In Constitution law, there is the rule of social security right that contains the 6 articles. One of them is to protect people from diverse accidents. The Industrial Safety and Health Law exists for realizing this rule considered as the social security right. So it has the legal nature of social security law. Therefore, the rules to force the contractor to help the subcontractor can come into existence in the Industrial Safety and Health Law.