중대재해처벌법의 산업재해치사상죄의 성립요건 - 작위의무, 인과관계, 고의, 예견가능성을 중심으로 -

On January 27, 2022, the 「Act on Punishment of Serious Accidents, etc.」 came into force. About five months after that, the first crime (so called an industrial accident manslaughter) was prosecuted. As of November 3, 2022, four cases, including so called an industrial accident homicide, were referred to the courts for adjudication. One side argues that the problems of the current law should be resolved through enforcement ordinances or through amendments to the law. The other side argues that the scope of punishment under the current law should be expanded and the level of punishment should be strengthened. Apart from these legislative and legal policy discussions, the interpretation and application of the current law is a judicial task that cannot be postponed and is also an obligation of the academic community. Therefore, in this article, I have attempted to materialize the requirements for the establishment of an industrial accident manslaughter and homicide under the Act on the Punishment of Serious Accidents. In particular, it was based on the prevailing understanding of existing judgment precedents and criminal law interpretation, and used cases given in the prosecution's and media reports. Of course, crimes with the same structure as the crime of industrial accident manslaughter or homicide (the crime of homicide in violation of the duty to secure safety and health) already exist in the current Korean laws. However, there was no case in which the application of provisions became issue. Therefore, it is difficult to find relevant precedents or interpretations from the academic community. In this context, it is expected that this article, which examines the important requirements for the establishment of an industrial accident manslaughter or homicide, especially with respect to the duty of action, causality, mens rea, negligence and predictability, will serve as a starting point for in-depth discussion of theory and practice in the future.