일본의 자연재해 발생 시 노동자 보호방안에 관한 법･정책 연구 – 사업자의 의무를 중심으로 –

In the event of a natural disaster, there can‘t be 100% compensation for any damage. This is especially true in cases of physical injury or death as well as financial damage such as property. At this time, it may be said that workers are naturally subject to industrial accident compensation based on work-related relevance, but it may be a question whether the employer's preemptive prevention obligation or obligation after the occurrence of natural disasters can be established. This paper aims to understand the main legal principles for the employer's obligations through the law on the basis of safety and health obligations for workers in the event of a natural disaster in Japan, its contents, and examples. As a protection measure for workers in the event of a natural disaster, the following contents were reviewed as it was necessary to know the legal basis, content, and scope of the employer's obligation to safety and health workers. As a legal basis, first, the Industrial Safety and Health Act (hereinafter referred to as the “Law of Labor Safety and Health Act”) corresponding to Korea's Industrial Safety and Health Act was reviewed. Second, the obligation of Japanese business owners to consider the safety of the Labor Contract Act was reviewed. In this part, the legal basis for safety consideration obligations, the relationship between the law and the law of safety consideration (main contents of the regulations related to the business operator's safety consideration obligation and the risk prevention obligation to be devised by business operators), and related precedents based on nature were examined. Third, the ordinance of the Japanese prefecture was reviewed. For example, the Tokyo Metropolitan Government's Earthquake Countermeasures Ordinance and the Tokyo Fire Department's Earthquake Countermeasures at Work were examined, and Aichi Prefecture's East Sea Earthquake-related Labor Disaster Prevention Guidelines were reviewed. Fourth, the contents of worker protection through the business owner's disaster prevention plan and business continuity plan were examined. Finally, based on the review of the above, the employer's obligations and legal principles for worker safety and health in the event of a natural disaster were summarized and replaced with a conclusion.