중대재해처벌법의 건설업 적용 문제점 및 대응방안
Problems and Countermeasures in the Construction Industry Application of the Serious Accident Punishment Act
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The Act on the Punishment of Serious Accidents to Prevent Large-scale Disasters, including Ferry Sewol and Taean Thermal Power Plant, passed the National Assembly on January 8, 2021, and has been in effect since January 27, 2022. However, the law, in which the representative of the headquarters is unlimitedly responsible for each worker's accident, is somewhat unreasonable at a time when a company owns dozens to hundreds of construction sites due to the nature of the construction industry. I agree with the purpose of enacting the law to reduce chronic serious accidents at construction sites, but it is necessary to carefully reconsider the implementation of the law in that punishment alone cannot achieve industrial safety. Previous studies focused on revising the Occupational Safety and Health Act, but there are few studies on the impact on the construction industry after the implementation of the Serious Accident Act. Therefore, this study attempts to derive problems related to the application of the Serious Accident Act and present improvement measures. To this end, after analyzing previous studies, SWOT analysis was performed by applying the Delphi method to derive strengths, weaknesses, opportunities, and threats. In addition, the results of two surveys of safety experts such as public institutions, academia, and companies were reflected, and its countermeasures were presented as follows. S/O strategy: establishing on-site execution capabilities of health and safety management system; W/O strategy: expanding legal and system execution checks; S/T strategy: establishing a risk response system; W/T strategy: expanding consulting by external specialized institutions
Abstract
The Act on the Punishment of Serious Accidents to Prevent Large-scale Disasters, including Ferry Sewol and Taean Thermal Power Plant, passed the National Assembly on January 8, 2021, and has been in effect since January 27, 2022. However, the law, in which the representative of the headquarters is unlimitedly responsible for each worker's accident, is somewhat unreasonable at a time when a company owns dozens to hundreds of construction sites due to the nature of the construction industry. I agree with the purpose of enacting the law to reduce chronic serious accidents at construction sites, but it is necessary to carefully reconsider the implementation of the law in that punishment alone cannot achieve industrial safety. Previous studies focused on revising the Occupational Safety and Health Act, but there are few studies on the impact on the construction industry after the implementation of the Serious Accident Act. Therefore, this study attempts to derive problems related to the application of the Serious Accident Act and present improvement measures. To this end, after analyzing previous studies, SWOT analysis was performed by applying the Delphi method to derive strengths, weaknesses, opportunities, and threats. In addition, the results of two surveys of safety experts such as public institutions, academia, and companies were reflected, and its countermeasures were presented as follows. S/O strategy: establishing on-site execution capabilities of health and safety management system; W/O strategy: expanding legal and system execution checks; S/T strategy: establishing a risk response system; W/T strategy: expanding consulting by external specialized institutions
참고문헌 (21)
- How to introduce a system for granting safety and health obligations to construction business owners, "Anh, H. S", Korea Occupational Safety and Health Agency Safety and Health Research Institute, ~ (2017)
- Anh, J.Y, "A study on improvement of safety measure implement in construction industry risk assessment", master, pp.2018
- Choi, B. R, "Measures to Secure the Effectiveness of Punishment System for Violations of Laws Related to Safety and Health", master, pp.2021
- Cho, N. O, "A Study on the Implementation and Improvement of Safety and Health Responsibilities of Construction Clients Safety Disaster Fire Protection Program", master, pp.2020
- Gyun, H.M, "Changes in occupational safety in 2021following the introduction of the serious accident punishment act", Monthly Korean Federation of Trade Unions, 569, pp.18~19 (2021)
- Jung, J.S, "A plan to improve the safety management system centered on the orderer for the reduction of construction accidents,", International Journal of Mechanical Engineering, 6(3), pp.880~887 (2021)
- Jung, J.W, "Legal issues and remaining tasks in the enactment of the serious accident punishment act", Science and Technology Law Research, 27(2) (2021)
- Kang, T, "A Study on Improvements to the Industrial Accident Punishment System–Focusing on Fatal Accidents in Violation of the Occupational Safety and Health Act", master, pp.2017
- 강영기, "중대재해처벌법의 시행에 따른 기업들의 대응방안 등에 대한 검토", 법과 기업 연구, 11(2), pp.211~245 (2021), 법학연구소
- Kim, H.G, "Criminal imposition of obligation to secure safety and health: Criminal policy evaluation of the serious disaster punishment act and its enactment", Korean Society of Criminal Policy, 65(33-1) (2021)
- Kim, M.J, "Background and implications of the appearance of the serious disaster punishment act, Occupational Health and Safety Corporation, Safety and Health Policy Research", Korean Society of Social Law, 42 (2020)
- Kim, S.E, "A Study on the Effects of Smart Safety Technology on the Reduction of Falling Death Disasters by Location of Building Construction", pp.2021
- 김영국, "중대재해처벌법의 법적 쟁점과 법정책 과제 - 기업의 안전보건조치 강화의 관점에서 -", 입법학연구, 18(1), pp.111~147 (2021), 한국입법학회[DOI]
- Lee, S.H, "The Study to Improve the Appropriation Standards for the Occupational Safety and Health Expenses in the Construction Industry", master, pp.2019
- Oh, B.S, "Serious Accident Punishment Act" (2022), Korea, Book Publishing
- Park, S.Y, "A Study on Expanding the of Employers'Responsibilities of the Occupational Health and Safety Act", pp.2019
- Park, Y.S, "A Study on the Improvement of the Safety Management System According to the Expansion of the Responsibility for Industrial Accident Prevention:Focused on the current occupational safety and health law", pp.2020
- Seo, J.H, "A Study on the Responsibility of Contractors of Construction Work in under the Industrial Safety and Health Act", pp.2020
- 서준혁, "Delphi-SWOT 분석을 이용한 제조물책임법 개정에 따른 기업의 대응전략 수립", 품질경영학회지, 46(4), pp.911~922 (2018), 한국품질경영학회[DOI]
- Sim, H.H, "An Empirical Study on the Impact of Human Factors on Safety and Health Performance in the Safety and Health Management System in Construction", pp.2019
- Woo, S.K, "A Study on Tools of Collaborative Governance to Prevent Occupational Accidents in Construction Industry", master, pp.2020