메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject

Principal's Duty on Health and Safety of In-house Contractors' Workers - the UK Case -
Recommendations
Search
Questions

사내하도급근로자의 건강과 안전에 대한 도급사업주의 책임 : 영국의 사례

논문 기본 정보

Type
Academic journal
Author
Jaejin Shim (서강대학교)
Journal
The SNU Society of Labor Law LABOR LAW REVIEW Vol.38 KCI Accredited Journals
Published
2015.3
Pages
151 - 201 (51page)

Usage

cover
📌
Topic
📖
Background
🔬
Method
🏆
Result
Principal's Duty on Health and Safety of In-house Contractors' Workers - the UK Case -
Ask AI
Recommendations
Search
Questions

Abstract· Keywords

Report Errors
Basically the law on health and safety at work of Korea imposes the duty to care his(her) own employees upon him(her). This way of regulation on health and safety at work is doubted in terms of its effectiveness. This is because in-house contracting is common in Korea and contract workers work together with employees of a principal. In Korea, serious industrial accidents the result of which is deaths and critical injuries have taken place very often. Most all of the victims who suffered from industrial accidents are such contract workers.
Health and Safety at Work Act(HSWA) 1974 is based on the principle that ‘the primary responsibility for prevention lies with those who create the risks’. In fact the Act provides that one of its several aims is to secure the health, safety and welfare of persons at work. Persons at work means both employees and the self-employed. Accordingly it does not matter whether persons at work are employees or the self-employed. An employer must secure health and safety of both of them in his(her) workplace. The Act also imposes the duty to care persons other than employees who may be influenced by the conduct of the employer on him(her). This means that an employer must, as far as reasonably practicable, secure health and safety of all persons influenced by the conduct of the employer, including in-house contract workers who works in his(her) workplaces. Not only the principle underling the HSWA 1974 but also its personal scope resulting from it do differ from those of the equivalent Act of Korea. This article suggests that the law on health and safety at work of Korea should be revisited to secure safety and health of all persons vulnerable to fatal accidents regardless of who they employ.

Contents

국문초록
Ⅰ. 들어가며
Ⅱ. 영국 산업안전규율의 체계와 특징
Ⅲ. 사내하도급근로자들의 안전과 보건에 대한 규율
Ⅳ. 주요 판례
Ⅴ. 한국과의 비교
Ⅵ. 맺으며
참고문헌
〈Abstract〉

References (0)

Add References

Related precedents (4)

1 / 1
  • 대법원 2010. 6. 24. 선고 2010도2615 판결

    View more
  • 대법원 2010. 12. 23. 선고 2010도1448 판결

    View more
  • 대법원 2014. 5. 29. 선고 2014도3542 판결

    사업주가 자신이 운영하는 사업장에서 기계·기구, 그 밖의 설비에 의한 위험(산업안전보건법 제23조 제1항 제1호), 폭발성, 발화성 및 인화성 물질 등에 의한 위험(같은 항 제2호), 전기, 열, 그 밖의 에너지에 의한 위험(같은 항 제3호)을 예방하기 위하여 필요한 조치로서 산업안전보건기준에 관한 규칙에 따른 안전조치를 하지 않은 채, 근로자에게 안전상의

    View more
  • 광주지방법원 2014. 2. 19. 선고 2013노2217 판결

    View more

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Frequently Viewed Together

Recently viewed articles

Comments(0)

0

Write first comments.

UCI(KEPA) : I410-ECN-0101-2016-336-001321568