원․하청 관계와 사업주의 산업안전보건 책임 ― 영국의 입법 현황 및 판례 분석과 시사점 ―

초록

This article is aimed at situation where clients use contractors. It tries to analyze the general health and safety responsibilities of clients and contractors to protect each other and their workforce. These responsibilities, if not properly managed, can lead to events that could prove costly to all parties. This article mainly focuses on the United Kingdom's 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 the British occupational health and safety system is somewhat different from our country's system, this paper sums up the United Kingdom's laws and experiences to 3 parts. First, General Clauses at laws play important role in the British heath and safety system. Second, Throwing away common law doctrines, she introduces strict responsibilities on employers by statue laws. Last, There are special legislations on the high risk industry such as construction industry.

키워드