중대재해기업처벌법 입법안 소고

초록

The beginning of the campaign to enact the Corporate Manslaughter Act in Korea is largely influenced by the UK legislation of the Corporation Manslaughter and Corporate Homicide Act 2007. Several types of heavy punishment legislation on the corporate have been initiated by the 20th National Assembly considering the UK law. The Bill initiated by the Justice Party in June also has referred to the UK’s 2007 Act. But they all focus mainly on strengthening the sentence without breaking through the old penalty system of the Occupational Health and Safety Act. In my opinion, the special bill should clarify that Occupational health and safety crimes are not crimes of individual workers but crimes of corporations, and ask for primary responsibility for the company. This article suggests the direct criminal liability of corporations, their primary responsibility on occupational safety and health crimes, and other measures to the chief executive officer responsible for the corporate crimes.

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