산업안전보건법 개정안에 관한 소고

Abstract

The revised draft of the “Industrial Safety and Health Act” announced this year focuses on expanding the scope of protection and clarifying responsibilities. The purpose of this article is to clarify the ‘worker’ in the object clause, to establish the concept of the owner in the contracting business, the duty of establishing the safety and health plan of the representative of the company (representative director), industrial accident prevention measures of the affiliate business, And it can be evaluated that the workplace has rearranged the safety and health preventive responsibilities that should be taken against the protected object, focusing on what is and what is needed. There have been many criticisms about the main contents of the government's amendment initiative. This can be attributed to the lack of sufficient comment process and in-depth discussions from stakeholders, etc., as the entire process of revision was over 30 years ago. However, it seems that the process has been passed to the National Assembly through a number of procedures and pathways after the amendment has been initiated, and some considerable compromise has been proposed to the National Assembly from the initial legislative notice through the State Council, drawing some stakeholder consensus on key issues. There may be negative opinions about any legislation, but the process of improving and compromising is more important than just staying negative. In this respect, this amendment became an important opportunity to establish itself as the basic law on safety and health, not the special law of the Labor Standards Act, by extending the protection of the objective clause of the Industrial Safety and Health Act from the concept of workers to workers. I believe that the whole revision of the Industrial Safety and Health Act of 1990 is equivalent to the declaration of a paradigm to protect workers' safety and life by preventing work-related disasters.