안전 관련 주요 법제 특징 비교 : 산업안전보건법, 중대재해처벌법, 학교안전법\ (Comparison of Key Safety-related Legal Features: The Occupational Safety and Health Act, the Serious Accident Punishment Act, and the School Safety Act)

서지정보

· 발행기관 : 한국비교정부학회
· 수록지 정보 : 한국비교정부학보 / 28권 / 1호 / 103 ~ 136페이지
· 저자명 : 김형태, 황광선

초록

(Purpose) The aim of this study is to assist academia and civil society in understanding the surrounding laws through an analysis of significant safety legislation.
(Design/methodology/approach) The study's focus will center on the Occupational Safety and Health Act, the Serious Accident Punishment Act, and the School Safety Act.
(Findings) While the Occupational Safety and Health Act contains extensive and detailed content, the School Safety Act exhibits contradictory elements in its system and content, appearing notably deficient. Furthermore, its emphasis is primarily on compensation and the functioning of the School Safety Mutual Aid Association rather than on prevention-related content. Given the importance of school safety comparable to industrial safety, there is a pressing need to elevate the system and content of school safety legislation to the standards set by industrial safety legislation. To address this, a thorough comparative analysis was conducted between the School Safety Act and the Industrial Safety and Health Act. The analysis underscored the weak and lax nature of the prevention sector in the School Safety Act compared to the comprehensive prevention sector of the Industrial Safety and Health Act. It also revealed that the current legal system lacks an effective and systematic preventive policy on the level of industrial safety legislation concerning school safety.
(Research implications or Originality) Therefore, as a strategy to prevent and decrease school safety accidents, there is a recommendation to actively adopt and adapt principles from industrial safety legislation such as the Occupational Safety and Health Act. This legislation explicitly outlines the responsibilities and roles of relevant entities in detail to effectively prevent industrial accidents.

영어초록

(Purpose) The aim of this study is to assist academia and civil society in understanding the surrounding laws through an analysis of significant safety legislation.
(Design/methodology/approach) The study's focus will center on the Occupational Safety and Health Act, the Serious Accident Punishment Act, and the School Safety Act.
(Findings) While the Occupational Safety and Health Act contains extensive and detailed content, the School Safety Act exhibits contradictory elements in its system and content, appearing notably deficient. Furthermore, its emphasis is primarily on compensation and the functioning of the School Safety Mutual Aid Association rather than on prevention-related content. Given the importance of school safety comparable to industrial safety, there is a pressing need to elevate the system and content of school safety legislation to the standards set by industrial safety legislation. To address this, a thorough comparative analysis was conducted between the School Safety Act and the Industrial Safety and Health Act. The analysis underscored the weak and lax nature of the prevention sector in the School Safety Act compared to the comprehensive prevention sector of the Industrial Safety and Health Act. It also revealed that the current legal system lacks an effective and systematic preventive policy on the level of industrial safety legislation concerning school safety.
(Research implications or Originality) Therefore, as a strategy to prevent and decrease school safety accidents, there is a recommendation to actively adopt and adapt principles from industrial safety legislation such as the Occupational Safety and Health Act. This legislation explicitly outlines the responsibilities and roles of relevant entities in detail to effectively prevent industrial accidents.

참고자료

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