시설물의 법적 의의 및 안전성 제고 방안 연구

Abstract

Facilities mean the structures and ancillary entities built through construction works and refer to the facilities that are needed to be managed with special care for the sake of convenience and safety of the public or require advanced skills for maintenance due to its structure. It is imperative that disasters and accidents are prevented through proper safety management and maintenance of the facilities and the utility of the facilities is increase in order to contribute to the safety of the public and welfare of the people. However, there are many problems being discovered with regard to the safety management of the facilities. Firstly, while the current laws and regulations provide comprehensive rules on facilities, most of the accidents involving facilities originate from negligence on safety. This is because the responsibilities of the developer and the operators are divided, and they do whatever they can to evade their responsibilities when there is an accident, resulting it those that are responsible walking away without punishment. Also, the provisions, laws, and regulations on the safety management and maintenance of facilities are not interconnected, and the organizations which implement such rules or regulations are diversified, resulting in difficulties in interpreting the provisions of the laws even by the public servants who are responsible for the tasks. The system of supervision with responsibility for facilities is not without a comprehensive set of laws and regulations. However, these laws and regulations are not interconnected with each other, making it impossible to apply them properly or in contradiction with one another. Also, the scope of responsibility on them is not clear and the public servants who are responsible for such tasks are overburdened with other works and lack expertise, resulting in inspections being performed only as formalities. Management and supervision of the facilities are not without problems, either. That is, the scope and provisions on safety management and maintenance in the related laws are not interconnected with one another, while being implemented separately. Therefore, safety management and maintenance of such facilities are not being performed in a comprehensive manner. In terms of the cost, as well, as the cost should be borne by the managing party, the maintenance of the facilities re being performed almost as mere formalities. To cope with such problems, first of all, it would be desirable to standardize the safety management of the facilities. That is, by standardizing the safety management criteria for facilities, it would become possible to perform efficient management activities for each area. That is, the safety management criteria for facilities may be orchestrated between the departments, and it would become easier to strengthen the regulatory grip on facilities that are not effective. Also, it would be possible to enhance the effectiveness of the safety inspections and the effects of tests, while the integrated safety management functions for all facilities through joint safety inspection by the civil, public, and private sectors. In addition, effective safety management systems may result in reduction of the cost. And, in order to maintain safety and functioning of the facilities, it is important to prepare for safety inspection of the facilities under one’s responsibility in accordance with the detailed safety inspection guidelines. That is, the rules should specify the timing of inspections, qualification requirement for the individuals who may perform safety inspections, and the parties to bear the cost, while efforts to strengthen such rules should also be made. With regard to supervision, it is necessary to provide the supervising contractors with substantial responsibilities and authorities, while inducing them to invest more in their operation and business in order to secure necessary technicians and develop technologies. Also, it is necessary to strengthen punishment on negligence in supervision via measures such as suspension orders of the construction works, the authority to order rework, heavier punishments and fines. It can also be considered to strengthen the duty of indemnification in proportion to the reasonable authorities and responsibilities. It can also be considered to introduce supervision insurance systems for small supervising service providers and supervisors for dangerous, special construction works. In the end, it is more important than anything else to introduce integrity in advance safety measures, while strengthening safety management and maintenance, as well as administrative management and supervision on facilities. As such, ensuring safety and proper maintenance of facilities will surely contribute to welfare and happiness of the people of the country.