산업안전보건법에서의 특수건강진단의 법률적 고찰

Abstract

Results that compare the special medical examination of foreign law system with Korea law system, there is necessity to open informations concerning workers’health to an employer. However, there is no regulations that should be done opening to an employer. If an employer analyzes open to meaning that must protect workers’æhealth before the occurrence of accidents through the continuous interest and management, it seems to be necessary. However, as a matter of fact, the medical examination data is used to restructure an organization without workers’healthcare. Like this, the workers’disadvantage is expected to happen through the irrational direction or command of an employer. Therefore, the plan that can offer essential informations that need in healthcare should be readied to solve this problems that happen the workers’à disadvantage. If the results of medical examination of observed persons or persons with abnomal findings is appeared, the medical examination service must offer necessary data. And, at this time, the medical examination service should offer informations that are agreed and conferred by workers in the advance to an employer. Then, it seems to be able to protect the right to know and privacy. Among some opinions, if see in meaning that the high obligation than low should be enforced on the Occupational Safety and Health Act, it can claim that can sacrifice personal information protection for the health precaution. So, in the solutions, this can see that do not understand enough legal basis in case of the occasion that open to employer taking advantage of workers’è agreement as formal in the advance. Therefore, the workers’agreement sees that must be agreement by my pure expression that another person’ suggestions is excluded by the method that is the normal in formality. Simply thinking that it is reasonable to behave which the value is high, it brings the nonlegal binding force to do the prior agreement before the medical examination. Therefore, I see that must take advantage of workers’ agreement through the enough investigation after the medical examination results appears. Like this, passing the process seems to be the plan to solve the problems that happen by judging the obligation value through penal provisions in point of time that importance about personal information have characterized recently.