형사벌․행정형벌과 과태료 부과기준 및 산업안전보건법상 처벌규정의 적정성 검토 (Rethinking about the Rationality of Articles for Criminal Punishment and administrative Penalty in the ‘Law for Safety and Health in the Industry’)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 34권 / 61 ~ 111페이지
· 저자명 : 김성룡

초록

In this article, the author critically assesses the current articles of ‘The Law for Safety and Health in the Industry’ in Korea, especially with respect to the administrative penalty and criminal punishment.
As the comtemporary scholarship assert, it can be rational and wise, to convert criminal punishment to administrative penalty, administrative penalty to administrative fine for negligence, above all in a viewpoint of the decriminalization, the enhancement of efficiency in the achievement of administrative goals and so on.
However, to the contrary, we should make clear, whether the current provisions of the Law for Safety and Health in the Industry are consistent with scope and contents of criminal punishment and administrative penalty in the current most administrative laws.
As above stated, there are some notable omissions of criminal punishment in contrast to another administrative laws. And in part, the criminal punishment or the administrative penalty is harsher than another administrative laws. Partly Many violations against the Law for Safety and Health in the Industry can be sanctioned with a light penalty or punishment. Therefore, this article has demonstrated which solution we have to find.

영어초록

In this article, the author critically assesses the current articles of ‘The Law for Safety and Health in the Industry’ in Korea, especially with respect to the administrative penalty and criminal punishment.
As the comtemporary scholarship assert, it can be rational and wise, to convert criminal punishment to administrative penalty, administrative penalty to administrative fine for negligence, above all in a viewpoint of the decriminalization, the enhancement of efficiency in the achievement of administrative goals and so on.
However, to the contrary, we should make clear, whether the current provisions of the Law for Safety and Health in the Industry are consistent with scope and contents of criminal punishment and administrative penalty in the current most administrative laws.
As above stated, there are some notable omissions of criminal punishment in contrast to another administrative laws. And in part, the criminal punishment or the administrative penalty is harsher than another administrative laws. Partly Many violations against the Law for Safety and Health in the Industry can be sanctioned with a light penalty or punishment. Therefore, this article has demonstrated which solution we have to find.

참고자료

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