행정법으로의 산업안전보건법에 관한법률적 의미 (Study on the Legal meaning of the Administrative Law in the Occupational Safety and Health Act)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 34권 / 407 ~ 444페이지
· 저자명 : 조흠학, 이관형

초록

Under the Occupational Safety and Health Act (OSH Act) of Korea, there are government-issued regulations required by the employers to follow in order to protect workers’ health and safety at the workplace. If employers violate the regulations, the government imposes criminal and administrative penalties on them. However, the OSH Act is becoming less effective since the criminal penalty is rare and relatively minimal. For the effective implementation of the OSH Act, it is important to strengthen criminal penalties. But another effective way is the Ministry of Employment and Labor, which is in charge of occupational safety management and inspection, to impose administrative sanctions. In addition, it will be also effective to strengthen administrative control of the OSH Act by seeking changes in legal framework and regulations, and clarifying the scope of regulatory coverage. The OSH Act can state the responsibilities and limitations of employers and workers more clearly, define the responsibilities of the government, and stipulate where the responsibilities lie in the cases of violations.
From the aspect of public law of a nation, it is important to establish the grounds for more strict administrative measures when it comes to significant issues such as protecting the lives and properties of workers in workplaces. Within the scope of the authority to conduct labor inspection, establishing the grounds for more strict administrative measures and immediate administrative actions will empower the administrative control under the administrative law.

영어초록

Under the Occupational Safety and Health Act (OSH Act) of Korea, there are government-issued regulations required by the employers to follow in order to protect workers’ health and safety at the workplace. If employers violate the regulations, the government imposes criminal and administrative penalties on them. However, the OSH Act is becoming less effective since the criminal penalty is rare and relatively minimal. For the effective implementation of the OSH Act, it is important to strengthen criminal penalties. But another effective way is the Ministry of Employment and Labor, which is in charge of occupational safety management and inspection, to impose administrative sanctions. In addition, it will be also effective to strengthen administrative control of the OSH Act by seeking changes in legal framework and regulations, and clarifying the scope of regulatory coverage. The OSH Act can state the responsibilities and limitations of employers and workers more clearly, define the responsibilities of the government, and stipulate where the responsibilities lie in the cases of violations.
From the aspect of public law of a nation, it is important to establish the grounds for more strict administrative measures when it comes to significant issues such as protecting the lives and properties of workers in workplaces. Within the scope of the authority to conduct labor inspection, establishing the grounds for more strict administrative measures and immediate administrative actions will empower the administrative control under the administrative law.

참고자료

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