중대재해처벌법의 문제점과 개선방안에 관한 고찰

Abstract

Two years have passed since the so-called Serious Accident Punishment Act was implemented to hold business owners criminally liable to prevent serious accidents at work sites, but serious accidents such as fatal accidents have not been reduced through the enforcement of the law, and have not shown any significant changes. The Serious Accident Punishment Act was thought to be a necessary law to fundamentally eradicate industrial accidents, including worker deaths, and it was thought to be a desirable measure to hold employers who were outside the scope of liability responsible before, but in light of the results of the enforcement of the law, it was not very effective. Couldn’t see it. According to the Ministry of Employment and Labor’s industrial accident statistics, the number of deaths due to accidents continues to increase, the number of workers diagnosed with disabilities is increasing, and the amount of economic loss due to industrial accidents is also increasing. The reason that serious accidents do not decrease despite the enforcement of the law is because the effectiveness of the legislation is low. It is evaluated because. As a practical response to preventing serious accidents, such as worker deaths, that frequently occur at work sites, it is essential to hold employers accountable, but the problem is that the law is not very effective in enforcing the law. Accordingly, supplementary legislation is needed through analysis of various problems in the Severe Accident Punishment Act. The Serious Accident Punishment Act is a law that provides the strongest sanctions against companies that cause serious accidents by neglecting their safety obligations, so the three punishment provisions and the five times punitive damages provision are bound to be intentional legislation, and these strong regulations are part of the criminal law. It is inevitable that it will be pointed out that it may violate principles. Not long ago, the ruling and opposition parties discussed in the National Assembly the postponement of the grace period for the Centralized Wife Act, but fortunately the attempt was aborted. Currently, more than 80% of businesses where serious accidents occur are businesses with fewer than 50 employees, and delaying this is because it could result in disregarding the lives of workers who work hard at small and medium-sized businesses. In addition, there is a need to consider expanding the application of the law to all workplaces to prevent fatal accidents even in workplaces with less than five workers.