산업안전보건법 미래의 권한과 책임

Abstract

Risk assessment is a voluntary measure taken by employers to manage risks in workplaces with the goal of preventing accidents and illnesses in workplaces and ensuring safety and health at work. Therefore, risk assessment is a way to protect the health and safety of workers as well as to reduce accidents. For the maximum effect of the risk assessment, employers need to take charge in the whole managing processes of the workplace. However, the biggest problem lies in the issue of accountability where the risk assessment has not been conducted, despite the fact that employers are required to do so. For those who fail to fulfill their responsibility, traditional punishment is imposed. However, the use of other regulatory measures including, suspension of business, suspension of service, or suspension of operation are important as well. On the other hand, decentralization of occupational safety and health offices to Local government other than the Central government business is also an issue. For a Local government, many central government business and headquarters need to be transferred to Local governments. However, indiscriminate decentralization and transfer of offices go against the principles of the law and may give rise to the issue of basic rights violation. Therefore, it needs to be seen whether the decentralization of offices to local areas lead to the realization of supplementary principle and whether that may violate the basic rights of people. So, in applying this Act, close attention shall be given so as not to infringe unreasonably on the right of citizens, and this Act shall not apply arbitrarily for any other purpose which deviates from the original purpose.