도급과 근로자의 안전

초록

This article is aimed at situation where contractors use sub-contractors and their employees. It tries to analyze the general health and safety responsibilities of contracting company to protect sub-contractors’ employees. These responsibilities, if not properly managed, can lead to events that could prove costly to all parties. This article mainly focuses on the Korean health and safety legislations and case studies showing what can happen when things go wrong. As well as the immediate effects, further consequences can arise from delays to the work itself and claims for damages. Even though there are a few protective clauses for employees working in the contractors’ premises in legislations, some desirable suggestions may be presented to conduct safety and health policies more effectively mentioned below;First, the health and safety duties of contracting company should be strengthened more wider than the status quo through the wider definition of employer to regulate contracting out reasonably. Second, courts should not broaden immunity of corporations when they interpret and apply the Penalty Provisions in Health and Safety at Work Act. Last, contracting company’s duty of care for the contractors’ employees in damage claims should be constructed based on the contractual liability as well as torts.

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