산업안전보건법의 입법체계상 문제점과 개선방안 (The System of the Occupational Safety and Health Act: Problems and Improvement Measures)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 16호 / 81 ~ 110페이지
· 저자명 : 정진우

초록

The Occupational Safety and Health Act in Korea seems to have improved greatly, but there is still much room for improvement in terms of its systematic compatibility and content sophistication.
Prompted by the awareness that putting right the system of the Occupational Safety and Health Act must take precedence over anything else to properly fulfill its purpose and nature and achieves its intended effect through enforcement, this thesis identifies main problems with the system of the Occupational Safety and Health Act and examines concrete improvement measures to address such problems.
The main problems with the Occupational Safety and Health Act and improvements that should be made to address those problems can be summed up as follows: First, there are not a few matters on which the Occupational Safety and Health Act currently in force should, but does not provide a sufficient legal basis. The Act should be amended to regulate those matters, thereby clearly showing its legislative direction and providing proper standards for its enforcement and interpretation.
Second, some penal provisions of the current Occupational Safety and Health Act impose a civil penalty without taking into account the nature of offences and the effectiveness of punishment. Given the importance of those appropriate provisions, the type of punishment imposed by them should be changed from civil penalties to criminal penalties to boost the effectiveness of punishment.
Third, provisions which do not suit the purpose of the Occupational Safety and Health Act should be revised to meet its purpose.
Fourth, according to the spirit of the Occupational Safety and Health Act, which is to devise the most appropriate measure and apply it to the most adequate person, any capacity gaps of duty-bearers under the Act should be filled by establishing secondary duty-bearers.
Fifth, provisions lacking legal logic should be modified to make them more consistent with legal principles and actually effective.

영어초록

The Occupational Safety and Health Act in Korea seems to have improved greatly, but there is still much room for improvement in terms of its systematic compatibility and content sophistication.
Prompted by the awareness that putting right the system of the Occupational Safety and Health Act must take precedence over anything else to properly fulfill its purpose and nature and achieves its intended effect through enforcement, this thesis identifies main problems with the system of the Occupational Safety and Health Act and examines concrete improvement measures to address such problems.
The main problems with the Occupational Safety and Health Act and improvements that should be made to address those problems can be summed up as follows: First, there are not a few matters on which the Occupational Safety and Health Act currently in force should, but does not provide a sufficient legal basis. The Act should be amended to regulate those matters, thereby clearly showing its legislative direction and providing proper standards for its enforcement and interpretation.
Second, some penal provisions of the current Occupational Safety and Health Act impose a civil penalty without taking into account the nature of offences and the effectiveness of punishment. Given the importance of those appropriate provisions, the type of punishment imposed by them should be changed from civil penalties to criminal penalties to boost the effectiveness of punishment.
Third, provisions which do not suit the purpose of the Occupational Safety and Health Act should be revised to meet its purpose.
Fourth, according to the spirit of the Occupational Safety and Health Act, which is to devise the most appropriate measure and apply it to the most adequate person, any capacity gaps of duty-bearers under the Act should be filled by establishing secondary duty-bearers.
Fifth, provisions lacking legal logic should be modified to make them more consistent with legal principles and actually effective.

참고자료

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