『중대재해 처벌 등에 관한 법률』의 적용을 둘러싼 형사법적 쟁점 검토

On October 5, 2021, ahead of the application of the 「Act on Punishment of Serious Accidents, Etc.」 (hereinafter abbreviated as the 'Severe Accident Punishment Act' according to the proposal of the Ministry of Legislation), which was promulgated on January 26, 2021 and enforced on January 27, 2022 through twists and turns, was the enforcement ordinance of the same law enacted and promulgated Unfortunately, however, there are many opinions that revision work is already necessary before the law goes into effect. The reasons for this are filled with diametrically opposed voices. Although there are not a few themes that show extreme opposition among members of our society, the differences between the positions of the Occupational Safety and Health Act and the Severe Accident Punishment Act seem to run in parallel lines that cannot be touched forever. In such a situation, it is important for theory and practice to think about the following issues in advance and find an appropriate interpretational solution; for example, what characteristics the provisions of the Serious Accident Punishment Act themselves have, when approached from a criminal law point of view, and what problems they may expose in the process of applying the law and so on. Therefore, below, among the many issues that may arise in the process of interpretation and application of the provisions of the Serious Accident Punishment Act, especially in relation to criminal punishment, we will select a few topics that have already attracted a lot of attention and apply the existing interpretation theory to them. In this case, we would like to review what problems may arise, whether such problems can be solved and interpreted within the existing criminal law system, and whether there is an urgent need for revision.