중대재해 처벌 등에 관한 법률의 실효성 확보에 관한 연구 - 산업안전보건법과의 중복입법 및 중복규제 문제에 대한 검토를 중심으로 -

The Industrial Safety and Health Act has been quite systematic through continuous revision to optimize safety management and safety guarantees by reflecting the development reality of the industrial sector in Korea. However, large-scale industrial accidents have been continuously occurring until recently because the safety environment and safety management system have not been systematically created due to insensitivity to safety at industrial sites. In this situation, it led to the enactment of the Act on Punishment in the Event of Serious Disaster in 2021 to create an optimal safety environment and systematic safety management system at industrial sites. It is true that the Industrial Safety and Health Act has shown limitations in safety measures and safety management at various industrial sites. Reflecting these facts, the Act on Punishment in the Event of Serious Disaster, which has the nature of a special law on the Industrial Safety and Health Act, was enacted. The enactment of the Act on Punishment in the Event of Serious Disaster is the result of institutional supplementation for the implementation of active safety management and security policies to guarantee workers' safety and health rights at various industrial sites. Since the enactment of the Act on Punishment in the Event of Serious Disaster, the Industrial Safety and Health Act has already existed, and the application of the Act on Punishment in the Event of Serious Disaster has led to a problem of overlapping regulations on business operators and companies in the event of an industrial accident. In addition, the social problem of overregulation emerged by excessively expanding the scope of responsibility for industrial accidents to management managers in addition to corporate or personal business representatives. This paper aims to conduct research and analysis on the issues of overlapping legislation and regulation, confusion and overregulation of the legal content on safety measures and safety management measures of the Act on Punishment in the Event of Serious Disaster, and on safety measures and safety management measures under the Industrial Safety and Health Act. Based on this research analysis, we propose alternative for systematic suitability and rational appropriate regulation, and propose legislative improvement measures to ensure the effectiveness and efficiency of legislation in the Act on Punishment in the Event of Serious Disaster.