중대재해처벌법 실효성 강화방안

Behind Korea's economic growth, social safety-related systems such as safety and health and elimination of risk factors were largely insufficient. After the 「Industrial Safety and Health Act」 was enacted in 1981, the 「Serious Accident Punishment Act」, which strengthened the legal responsibility of business owners, was enacted in January 2021. Amid objections to the Punishment of Serious Disaster Act as a punishment-oriented legislation, a request for constitutional review was also raised amid controversy over the principle of clarity, prohibition of excess, principle of equality, and violation of responsibility. As such, the 「Serious Disaster Punishment Act」 requires accumulation of precedents and detailed supplementary legislation amidst controversy over legal interpretation, application, and punishment limits. In this paper, the serious accident reduction effect of the 「Serious Accident Punishment Act」 was defined as effectiveness, and policy measures to be strengthened for effectiveness were presented from a reflective perspective. As a supplementary measure to strengthen the effectiveness of the “Severe Accident Punishment Act” ahead of expansion to workplaces with 5 or more employees from January 27, 2024, the introduction of the Severe Accident Safety Compliance Certification System, securing publicity, expanding policies to strengthen win-win cooperation between large and small businesses, Policies such as the expansion of safety fund support, the spread of safety culture, the reinforcement of industrial safety and health education contents, the improvement of public safety awareness, the establishment of an exclusive supervisory system for site safety, and the strengthening of authority were presented.