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학술논문노동법학2024.03 발행KCI 피인용 1

노동안전형법으로서의 중대재해처벌법 ― 경영책임자 처벌을 넘어 기업처벌로 ―

Serious Accidents Punishment Act as Labor Safety Criminal Act — Beyond punishing CEOs to punishing companies —

박채은(독립연구자)

89호, 261~302쪽

초록

About two years have passed since the enactment of the ‘Serious Accidents Punishment Act’. The application of this law, including debates on its revision and integration with the Occupational Safety and Health Act, has gathered significant social attention. This study seeks to explore how the Act can independently fulfill its role as a punitive law, diverging from existing traditional views. It observes that solely penalizing management officers reaches the limits of the Act's effectiveness. Thus, for the Act to be effective, it's essential to extend accountability and direct punishment to companies based on their self-responsibility. The ‘Labor Safety Criminal Act’ is proposed as a framework for this approach, introducing principles from criminal law that address dangers in society. These principles allow for recognizing companies as entities capable of criminal action within a social system. This enables the establishment of specific corporate safety and health obligations, proposing new and independent forms of punishment for companies as social systems. The study aims to underline the Act's significance in protecting workers' safety and lives while addressing and resolving corporate structural contradictions.

Abstract

About two years have passed since the enactment of the ‘Serious Accidents Punishment Act’. The application of this law, including debates on its revision and integration with the Occupational Safety and Health Act, has gathered significant social attention. This study seeks to explore how the Act can independently fulfill its role as a punitive law, diverging from existing traditional views. It observes that solely penalizing management officers reaches the limits of the Act's effectiveness. Thus, for the Act to be effective, it's essential to extend accountability and direct punishment to companies based on their self-responsibility. The ‘Labor Safety Criminal Act’ is proposed as a framework for this approach, introducing principles from criminal law that address dangers in society. These principles allow for recognizing companies as entities capable of criminal action within a social system. This enables the establishment of specific corporate safety and health obligations, proposing new and independent forms of punishment for companies as social systems. The study aims to underline the Act's significance in protecting workers' safety and lives while addressing and resolving corporate structural contradictions.

발행기관:
한국노동법학회
분류:
노동법

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노동안전형법으로서의 중대재해처벌법 ― 경영책임자 처벌을 넘어 기업처벌로 ― | 노동법학 2024 | AskLaw | 애스크로 AI