중대재해 처벌 등에 관한 법률의 도입에 따른 법적 쟁점에 대한 검토 - 해상기업을 중심으로 -

Abstract

On January 26, 2021, the National Assembly passed the Act on the Punishment, etc. of Serious Accidents (hereinafter the "Serious Accidents Punishment Act"). Accordingly, the Serious Accidents Punishment Act is set to take effect on January 27, 2022. Under the existing system under the Occupational Safety and Health Act, the Serious Accidents Punishment Act imposes stricter criminal and civil liability on business owners, managers, and corporations, taking into account the fact that site managers and factory managers, not representatives of the company, are often punished when industrial accidents occur at workplaces. After the Serious Accidents Punishment Act takes effect, it is expected that the liability of managers, etc. under the Serious Accidents Punishment Act will be frequently disputed in the event of casualties at a company's workplace. As to shipping companies, other issues than the interpretation of the Serious Accidents Punishment Act, such as the scope of application to place, applicability to foreign employees, scope of applicability depending on the relationship of ship use, consignment of ship management, shipment and unloading of cargo, and possibility of compensation by various types of insurances, are likely to be raised as issues unique to shipping enterprises. Although the Enforcement Decree of the Serious Accidents Punishment Act was recently enacted, it is difficult to predict at this point how the Act will be operated for shipping companies. However, as shipping companies cannot avoid the application of the Serious Accidents Punishment Act, it is advisable to review the stance of safety and health-related laws, such as the Enforcement Decree of the Punishment of Serious Accidents Act and the Maritime Safety Act, etc. before the enforcement of the Serious Accidents Punishment Act, to check whether measures are being taken to ensure safety and health in order to prevent serious accidents, and to take all necessary measures.