산업안전보건법상 규제완화의 문제점과 대응방안

Abstract

This paper is designed to review the problems and countermaesure of deregulation in The Occupational Safety and Health Act(OSH Act). Especially this paper work is progressed to focus on the problems of legislative system and provisions and improvement direction. The Occupational Safety and Health Act(OSH Act) aims to establish standards of security, prevent accidents, create pleasant industrial working environment, and most importantly to preserve and promote the occupational safety and health of the workers. That is, the Act provides fundamental obligations on OSH by employers and entrepreneurs, and also provides an optimal working environments. Government makes a long term plan in dealing with the continuous national issues such as safety and health policy. Government has made ‘5 Year Plan for Safety and Health’ since 2000. This paper deals with ‘The 4th Government 5 Year Plan for Safety and Health’. This plan contains 4 policy objects; (1) simplifying the Korean Occupational Safety and Health Act, (2) extending the application of the law to the workers as well as employees, (3) rationalization of penalties on employers due to the breach of duties, (4) change of premises safety and health system by transferring to the risk assessment. However, the current Act establishes only the basic fundamental standard on the OSH and provides only implementation compulsion by the government. Additionally, the Act does not fully reflect the content concerning the responsibility and duty to create a pleasant working environment and to increase worker’s safety and health in the workplace.