산업안전보건법상 도급인 사업주 책임강화 입법안 검토 - 제29조 개정을 중심으로 -

초록

The Occupational Health and Safety Act(OSHA) provides that the employer of any business from which a part is separated and carried out at the same place under a contract shall take measures to prevent occupational accidents which may occur when employees employed by him/her work together with the sub-contractor’s employees at the same place. This article connected with the Supreme Court decision that a contractor does not take responsibility for occupational accident of the sub-contractor’s employees in principle is a big obstacle to the occupational accidents prevention. Some members of the National Assembly prepare an OSHA amendment bill which expands coverage of the safety measures by the contractors and criminal liability of Article 66-2. This paper points out that the defects of the article 29 and the Supreme Court decision. Furthermore, It suggests some solutions to the problems accompanying the legislative amendment.

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