근로자의 안전과 건강의 보호를 위한 사용자의 의무와 근로자의 권리

In the labor relations between labor-management companies in modern industrial society, employers have introduced advanced technological innovations and labor management into the production process, such as mechanizing and automating production means in order to maximize profits. As a result, workers are faced with increased labor intensity, simplified labor, and increased speed of requested work. In addition, with the increase in night working hours and the introduction of shift systems, the working conditions, working content, and working environment imposed on workers have increased the physical and mental fatigue of workers, increasing the likelihood of their health problems such as chronic diseases. Nevertheless, as employers minimize safety․health facilities and rest facilities in workplace to maximize their profits, workers are not guaranteed the right to health in poor working conditions and their right to live is threatened. So there is a need to protect them depending on the characteristics and job description of each workers. For the above reasons, even though the right to health of the people guaranteed by Article 36(3) of our Constitution is right to nation, in order to realize this concretely, the employer is obligated to give comprehensive consideration for safety and health in employment contract. And various measures and regulatory provisions have been enacted not only for the prevention of industrial accidents but also for the right to health of workers in the Occupational Safety and Health Act, which was enacted independently of the Labor Standards Act. Since workers' health problems at work sites are caused by various causes such as working conditions, working contents, and working environment, employers and workers need to cooperate to solve problems. Also it is necessary to reorganize related laws so that education such as accident prevention for the safety and health of workers in the workplace can be more faithful and practical, not just formal education for fulfillment of obligations Meanwhile, today, the subject and scope of responsibility for workers' safety and health issues are expanding. Accordingly, problems such as responsibility for safety issues in the contracting workplace for in-house subcontracted workers, user responsibility for special type of workers (status of workers), and user responsibility for unloading workers (scope of users) have emerged. After all, since workers' safety and health problems are related to various causes such as working conditions, working content, and working environment, it is essential to prepare a comprehensive legal system from the perspective of guaranteeing human dignity, value, and the right to pursue happiness. Therefore, in this paper, we will examine the employer's 'duty of consideration' and 'duty to get a job' for the safety and health of workers through the interpretation of relevant legal definitions and study the remedies for workers' rights and their legal effects in case of employer's non-fulfillment of obligations.