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논문 기본 정보

자료유형
학술저널
저자정보
권혁 (부산대학교)
저널정보
노동법이론실무학회 노동법포럼 노동법포럼 제34호
발행연도
2021.11
수록면
1 - 28 (28page)
DOI
10.46329/LLF.2021.11.34.1

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초록· 키워드

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Korea"s Occupational Safety and Health Act has the same system as the Criminal Act. The subjects of criminal sanctions under the Occupational Safety and Health Act were mainly workers in charge of occupational safety. In fact, employers were rarely punished for the reasons of the Occupational Safety and Health Act. For this reason, it has been pointed out that the criminal punishment provisions stipulated in the Occupational Safety and Health Act are meaningless. The cause of occupational accidents is the violation of the duty to take safety and health measures. The problem is that the obligation to take safety and health measures is a specific and direct obligation, and the employer is not responsible for fulfilling such obligations. In addition, when industrial accidents occur, it is not easy to prove the intention of the user. This is because today"s occupational accidents are hated by both workers and employers.
The development of labor law must be continued. In Korea, the Industrial Accident Punishment Act was enacted. Many people call this law a bad law. This is because, in the event of an industrial accident, it is considered a law that punishes the person in charge of management. However, the Act on Punishment of Business Managers is not a law that punishes those responsible for industrial accidents. Safety management obligations were imposed on the management manager. The concept of safety management is very unfamiliar in Korea. Health and safety is mainly considered as a technical and engineering concept. However, health and safety is something that workers, employers and technicians alike must follow.
The punishment for the manager is to impose safety and health obligations on the employer. This is called the duty to secure safety and health. Business managers are required to manage safety workers to ensure that they are working hard. n order for this Act to be well established in the Korean labor market, legislative and technical supplementation is necessary. Increase legal clarity. It should be clearly stated that the law is for prevention.

목차

Ⅰ. 서설
Ⅱ. 산안법의 기능적 한계와 중처법의 입법정책적 의의 재검토
Ⅲ. 중처법 상 안전보건확보의무와 죄형법정주의원칙 간의 관계
Ⅳ. 중대산업재해와 징벌적 손해배상제도 간의 법체계적 이질성
Ⅴ. 결어
참고문헌
Abstract

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