산업안전보건법과 중대재해처벌법에 대한 형사법적 검토

Abstract

Recent high-profile industrial accidents in South Korea, including the Guui Station accident in 2016, the tragic death of a part-time worker at a South Chungcheong power station in 2018, the major fire at an Icheon logistics warehouse, and the sand collapse at a Yangju aggregate quarry in 2022, have repeatedly brought industrial safety issues into the spotlight. These incidents have spurred public discourse on the need for more stringent safety measures and tougher penalties. The Occupational Safety and Health Act(OSHA) and the Serious Accidents Punishment Act(SAPA) are frequently highlighted in these discussions as key legislative frameworks intended to improve workplace safety. Despite various revisions to the OSHA and the introduction of the SAPA, industrial accidents continue to occur at both large and small industrial sites. This ongoing issue raises critical questions about the effectiveness of these laws in strengthening employer responsibility and their overall contribution to enhancing safety standards. This article aims to evaluate the effectiveness of South Korea’s OSHA and the SAPA in addressing industrial safety concerns. By analyzing their implementation and impact, this study seeks to determine whether these legislative measures effectively promote safety and accountability in the workplace. The paper will critically assess the current legislation and propose strategies for improving its effectiveness to better safeguard workers and prevent future accidents.