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산업안전관련 법제도의 패러다임 변화를 위한 방향 검토

Laborlawreform against industrial accidents

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Labor contract relationship's purpose is contract labor of others. Labor of workers is mediator. In the implementation process, happening some disaster is regrettable but inevitable. The occurrence of labor accidents is “inherent danger at all times.” In the early past of the industrial revolution, industrial accident that occurred in workers has been only confirmed intently misfortune of workers. However, It is more than these misfortune of workers. Threat of living of family of the workers, of course, leads to the anxiety of the society. It has become a social problem. The occurrence of industrial accidents is not confined to mean the actual labor ability loss or degradation of individuals. It must bear some of the problems associated with the skilled labor force loss of the company. Labor accidents, resulting in a problem to the performance of the company's business, and therefore, are those that result in the loss of company. It is very difficult to prevent industrial accidents of today. There is a very technically complex risk. above all, slack industrial safety awareness of each individual is a problem. In this situation, If the fact that the occurrence of industrial accidents occurs, sanctions against business owner becomes the center immediately. Effect of sanctions against business owner is a situation that has reached the limit. Discussion of legislative policy about ‘How effectively’ prevent the occurrence of industrial accidents must become the center. Rather than a post-sanctions the legal system, it must be reorganized so as to center the prevention. It must be focused on maximizing prevention function through constantly surveillance. Therefore, it is necessary to activate the o​rganization responsible for industrial safety feature in workplace. And there is a need to information about industrial safety activities is published in the external. Country, must become a center support to the health and safety activities. More than anything, it simplifies the complex industrial safety health legal system such as the current, there is an urgent need to clarify. Finally, it is necessary to strive to find a method that can draw cooperation with active participation of the workers. In addition, there is a side effect of the risk of industrial accidents has been concentrated in the external human resources and non-regular workers. It must be prevented these problems. Industrial safety legal system reform is urgent.

Abstract

Labor contract relationship's purpose is contract labor of others. Labor of workers is mediator. In the implementation process, happening some disaster is regrettable but inevitable. The occurrence of labor accidents is “inherent danger at all times.” In the early past of the industrial revolution, industrial accident that occurred in workers has been only confirmed intently misfortune of workers. However, It is more than these misfortune of workers. Threat of living of family of the workers, of course, leads to the anxiety of the society. It has become a social problem. The occurrence of industrial accidents is not confined to mean the actual labor ability loss or degradation of individuals. It must bear some of the problems associated with the skilled labor force loss of the company. Labor accidents, resulting in a problem to the performance of the company's business, and therefore, are those that result in the loss of company. It is very difficult to prevent industrial accidents of today. There is a very technically complex risk. above all, slack industrial safety awareness of each individual is a problem. In this situation, If the fact that the occurrence of industrial accidents occurs, sanctions against business owner becomes the center immediately. Effect of sanctions against business owner is a situation that has reached the limit. Discussion of legislative policy about ‘How effectively’ prevent the occurrence of industrial accidents must become the center. Rather than a post-sanctions the legal system, it must be reorganized so as to center the prevention. It must be focused on maximizing prevention function through constantly surveillance. Therefore, it is necessary to activate the o​rganization responsible for industrial safety feature in workplace. And there is a need to information about industrial safety activities is published in the external. Country, must become a center support to the health and safety activities. More than anything, it simplifies the complex industrial safety health legal system such as the current, there is an urgent need to clarify. Finally, it is necessary to strive to find a method that can draw cooperation with active participation of the workers. In addition, there is a side effect of the risk of industrial accidents has been concentrated in the external human resources and non-regular workers. It must be prevented these problems. Industrial safety legal system reform is urgent.

참고문헌 (17)

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  2. 권혁, "사용자 개념 확대론에 대한 재검토", 노동법논총, 26, pp.99~126 (2012), 한국비교노동법학회
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  5. 주요선진국의 사업장 안전관리 일원화 제도 및 운영실태에 관한 연구, "박두용", 노동부, ~ (2003)
  6. 산업․고용구조의 변화에 따른 산업안전보건법 체계 및 규율방법의 변화 필요성에 관한 연구, "박두용", 산업안전보건연구원, ~ (2005)
  7. 이정원, "독일의 산업재해 발생현황", 국제노동브리프 (2006), 한국노동연구원
  8. 산업안전보건법집행의 실효성 확보방안 연구 : 위반행위의 제재를 중심으로, "전재경", 산업안전보건연구원, ~ (2000)
  9. 정영훈, "일본 산안법상의 형사처벌 및 과태료와의 비교분석", 강원법학, 34, pp.33~59 (2011), 비교법학연구소[DOI]
  10. 정진우, "산업안전보건법 상 근로자의 법적 지위", ~ (2012)
  11. 조흠학, "한국과 영국의 산업안전보건법 처벌에 관한 비교 연구", 노동법논총, 18, pp.297~371 (2010), 한국비교노동법학회
  12. 세계 각국의 산업안전보건법 형사 처벌 제도와 처벌사례 연구, "조흠학", 산업안전보건연구원, ~ (2009)
  13. Böhmert V, "Arbeitsverhältnisse und Fabrileinrichtungen der Schweiz, Bd. I" (1987)
  14. David Ormerod, "THE CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007", Criminal Law Review (2008)
  15. "Kasseler Kommentar Sozialversicherungsrecht-Ricke, 2009, § 1 SGB VII", ~ (2009)
  16. Rosemary Craig, "THOU SHALL DO NO MURDER: A DISCUSSION PAPER ON THE CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007", COMPLAW, 30(1) (2009)
  17. 莊子邦雄, "勞働刑法(總論)" (1979), 有斐閣

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