지방공공기관에 대한 중대재해처벌법 적용의 법적 쟁점

Local public institutions play the role of providing public services to all citizens. However, there are still controversial aspects of the application of SERIOUS ACCIDENTS PUNISHMENT ACT(hereinafter referred to as “Act”) to local public institutions to which various special laws apply. First, in local government-directly operated enterprises, in principle, the manager appointed by the head of the local government is the responsible managing officer. However, in exceptional cases, the head of a local government may also be a responsible managing officer. Second, in the case of facility consignment projects among local public institutions' agency or consignment projects, the representative of the local public institution is, in principle, responsible for ensuring safety and health management. In the case of public service consignment projects and agency projects, the obligation of the head of the local government to ensure safety and health management must be judged depending on whether the local government actually controls, operates, and manages the business. Third, a local public institution's support of legal expenses or insurance subscription to a responsible managing officer will not be considered business embezzlement or breach of trust unless it is clearly recognized that the obligation to ensure safety and health management has been significantly failed. Fourth, if a local public institution is liable for damages due to a violation of Act by a responsible managing officer, it will have to exercise its right to compensation in accordance with STATE COMPENSATION ACT.