로벤스 보고서의 함의 ― 자율 규제를 중심으로 ― (Implications of Robens Report — Focusing on Self Regulation —)

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초록

The Robens report presented a concept of ‘self-regulation’ as the philosophy to improve OSH legislation. In the report, self-regulation means that employers devise and implement regulations equivalent to the government's ones. Although the authority to enact the rules is given to the employers, the employers must invest high cost and much effort to achieve the level of safety and health management required by self-regulation.
The Korea government has proposed ‘autonomy’ or ‘self-regulation’ as an important policy direction for workplace health and safety management in every five-year industrial accident prevention plan. But Its concept and usage of the term are far from the self-regulation claimed by Robens report. Employers also have been using the term as deregulation or lighter punishment.
In this confusing situation, the Supreme Court has presented a flexible interpretation on the health and safety regulation taking into account specific risk in the workplace(S Heavy Industry Case). The Supreme Court ruling which puts comprehensive duty of preventing industrial accidents on the employers is very close to the meaning of self-regulation in the Robens report. Such precedent should be maintained continuously thereafter to promote self-regulation of employers.

영어초록

The Robens report presented a concept of ‘self-regulation’ as the philosophy to improve OSH legislation. In the report, self-regulation means that employers devise and implement regulations equivalent to the government's ones. Although the authority to enact the rules is given to the employers, the employers must invest high cost and much effort to achieve the level of safety and health management required by self-regulation.
The Korea government has proposed ‘autonomy’ or ‘self-regulation’ as an important policy direction for workplace health and safety management in every five-year industrial accident prevention plan. But Its concept and usage of the term are far from the self-regulation claimed by Robens report. Employers also have been using the term as deregulation or lighter punishment.
In this confusing situation, the Supreme Court has presented a flexible interpretation on the health and safety regulation taking into account specific risk in the workplace(S Heavy Industry Case). The Supreme Court ruling which puts comprehensive duty of preventing industrial accidents on the employers is very close to the meaning of self-regulation in the Robens report. Such precedent should be maintained continuously thereafter to promote self-regulation of employers.

참고자료

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