중대재해 처벌 법의 실효성 제고를 위한 법적 쟁점 분석 및 경영자 안전보건관리 전략에 대한 연구

This study aims to analyze the key legal issues of the Serious Accidents Punishment Act (SAPA),which came into effect on 2022, in South Korea, and to propose practical occupational safety and healthmanagement strategies for business executives. The SAPA was introduced to prevent serious industrial accidentsand protect workers' lives and safety. However, its effectiveness has been controversial due to the ambiguity ofthe law and uncertainty in its application. The study first provides an overview of the SAPA's main provisionsand analyzes legal issues focusing on the punishment of business executives and the punitive damages system. Key issues identified include the ambiguity of "safety and health obligations," difficulties in proving causality,and unclear criteria for determining intent or gross negligence. Recent cases of serious accidents are examinedto illustrate practical challenges in applying the law. Furthermore, the study compares the punitive damagessystem under the SAPA with that of the Product Liability Act and similar systems in the United States, UnitedKingdom, and Germany. This comparative analysis highlights the characteristics and problems of the Koreansystem, such as the unclear punitive nature, controversy over excessive compensation, and potential for abuse oflitigation. Finally, the study proposes practical occupational safety and health management strategies for businessexecutives to effectively respond to the SAPA and create safer workplaces. Key strategies include establishing asafety and health management system, conducting risk assessments, implementing safety education, managingsubcontractor safety, and investing in safety and health.