사내하도급과 산업안전보건: 독일 법제를 중심으로

Abstract

The frequent accident threaten in-house subcontract worker's life that is causative factor in pit, explosion and leak is the evidence that the worker under the in-house subcontract is less protected than ordinary worker. This article is designed to examine regulatioons in German and draw a implication from it. The obligation of prime-contractor on health and safety for workers under in-house subcontract is limited at present, according to the rules, responsibility for prime-contractor is restricted for modified industries like shipbuilding and manufacturing industry but he is a de facto producer creating hazards on health and safety at workplace. Considering this, there is no justification for industrial restrain for that area, with this in mind, German's regulations relating to health and safety have not restricted the type of business for obligation of prime-contractor. The government try to institute expansion for prime- contractor's obligation to service industry in the field of health and safety, a direction of the policy is quite natural, so it should be introduced at the earliest possible moment. On the another hand, revised the Industrial Safety and Health Act in Korea provide that the prime-contract must have informed to a competent safety, health and environment in that case of repairing, renovating and sweeping facilities or equipment which handle harmful or dangerous chemical substances. Though, the regulation can be useful to improve the protection of workers who deal with these tasks directly, there is a general need for informations concerning health and safety for workers under in-house subcontract, the obligation on information should be extended for all worker under that kind of contract like German regulation.