산업재해 예방 및 노동안전보건 지원 조례 비교 연구

It was only in 2021, 40 years after the 「Occupational Safety and Health Act」 was enacted, that the ‘Responsibilities of Local Governments’and ‘Industrial Accident Prevention Activities by Local Governments’ clauses were newly established. Accordingly, as a mandatory delegation ordinance, local governments across the country secured a legal basis for establishing and implementing measures to prevent industrial accidents. Currently, 164 out of 243 local governments (67.49%) have enacted and are implementing 「Occupational Safety and Health Ordinance」. Researches on 「Occupational Safety and Health Act」 have been accumulated on various topics over a long period of time, but research on ordinances is rare. This study may be differentiated in the analysis object of ordinances. The purpose of this study is to derive revision plans based on comparative analysis of 「Occupational Safety and Health Ordinance」. The object of analysis is the ordinances of metropolitan governments, and using comparative analysis framework for the content system of social welfare ordinances, the ordinances of 17 metropolitan governments were compared using the content analysis method. As a result of the analysis, the Incheon ordinance was in terms of accountability of local government heads, universality of coverage, and financial responsibility of local government heads, the Busan ordinance was in terms of universality of coverage and responsibility/integration of delivery system, the Gyeonggi and Jeonnam ordinances were in terms of comprehensiveness of benefits, and the Seoul Ordinance was in terms of professionalism of workforce, had ideal components. On the other hand, the Gyeongsangbuk-do ordinance was for the accountability of local government heads, the Daegu ordinance was for the universality of university, the Sejong ordinance was for the comprehensiveness of benefits, the Seoul ordinance was for the financial responsibility of local government heads, and the Jeollabuk-do ordinance was for responsibility/integration of delivery system and professionalism of workforce, had not ideal components. The main problem with the 「Occupational Safety and Health Ordinance」 is that the responsibilities of local government heads regarding industrial accidents and safety and health, which are extensively stipulated in higher-level laws, are insufficiently reflected in the ordinance, resulting in low normative validity. As a plan to revise the 「Occupational Safety and Health Ordinance」, first, in order to improve normative validity, it is necessary to clarify the mandate of the 「Occupational Safety and Health Act」 with the purpose of the 「Occupational Safety and Health Ordinance」 and to similarly match the purpose of the ordinance with the higher-level law. Second, there is a need to strengthen the responsibilities of local government heads to comply with Article 4-2 (responsibilities of local governments) and Article 4-3 (industrial accident prevention activities of local governments, etc.) of the Act. Third, there is a need to improve legal clarity through definitions of missing key terms. Fourth, in order to improve normative validity, it is necessary to change the scope of coverage of the Ordinance to ‘all businesses or workplaces’ like the Act. Fifth, benefit comprehensiveness can be expanded through benchmarking of other local governments' ordinances, such as guidance on prohibiting hazardous and harmful contracts, safety equipment support, safety and health information disclosure, and re-employment support. Sixth, there is a need to review the establishment of new financial responsibility regulations for local government heads regarding budget security. Seventh, there is a need to consider establishing a new linkage system between metropolitan governments and the metropolitan headquarters of the Korea Occupational Accident Prevention and Safety Agency. Eighth, it is necessary to establish new rights relief procedures and provisions related to the severity of penalties. This study can contribute to improving the rights of workers to work safely and healthily without being exposed to the risk of industrial accidents.