안전보건법령의 보호대상과 중대재해처벌법 적용의 문제

Abstract

This article examines the fundamental differences between the Serious Accidents Punishment Act from the existing labor-related laws. The Serious Accidents Punishment Act can be evaluated as a new legislation in that it expands the scope of protection. While the Occupational Safety And Health Act is basically a law to protect 'employees', the Serious Accidents Punishment Act goes beyond this to protect the lives and bodies of 'workers' as well as employees under the Labor Standards Act. The broad scope of protection of the Serious Accidents Punishment Act is important in interpreting the duty of securing safety and health of this Act. This is because the duty of securing safety and health means measures to prevent harm or danger to the safety and health of 'workers'. Therefore, just implementing the duties under the Occupational Safety And Health Act without considering the differences in concepts and objects of protection under each law cannot directly replace the relevant obligations under the Serious Accidents Punishment Act. In addition, even if there is no violation of safety and health measures under the Occupational Safety and Health Act because the victim of a serious industrial accident is not an employee under the Labor Standards Act, the possibility of criminal sanctions under the Serious Accidents Punishment Act still exists. The duty of securing safety and health under the Serious Accidents Punishment Act is not limited to the management of safety and health measures under the Occupational Safety And Health Act. Above all, it would be appropriate to take into account the legislative purpose of expanding the subject of protection and duty of the Serious Accidents Punishment Act compared to the existing laws.