산업안전보건법상 안전･보건조치 의무 위반의 판단 기준 ― 대법원 2021. 9. 30. 선고 2020도3996 판결 ―

In the case of an industrial accident, the employer's criminal responsibility depends on whether he has implemented the safety and health measures stipulated in the Occupational Safety And Health Act. In related legal disputes, it is important to interpret the ‘Rules on Occupational Safety and Health Standards’, which stipulates the specific details of the employer's obligation to take safety and health measures. Traditionally, courts have interpreted the above rules strictly and have broadly recognized employers’ discretion in the choice of safety and health measures. According to this case law, when an employer formally implements safety and health measures, it is difficult to impose criminal responsibility on the employer, even if the measures do not match the reality of the workplace and have no actual accident prevention effect. This case law was criticized for the possibility that the safety of workers could be neglected, when the choice was connected with the business interests of the company. The Supreme Court Decision 2020Do3996 Decided September 30, 2021 reflected the above criticisms and revised the interpretation standards for safety and health measures to reflect the reality and characteristics of workplaces. The above Decision was clarified that employers should reflect the characteristics of their workplaces in detail and implement the contents of the ‘Rules on Occupational Safety and Health Standards’. In other words, it required employers to consider not only the ‘objective risk’ but also the ‘industrial situational risk’ of the workplace.