산업안전보건법 양벌규정 적용시 위반행위자의 규범적 의미

초록

There are many different types of chemicals and depending on their characteristics, even a small amount of exposure can result in death. Furthermore, if a chemical leak leads to fire or explosion, it results in many casualties. The Occupational Health and Safety Act stipulates the levels of management by investigating the hazardous nature of chemicals to prevent occupational accidents, and imposes duties on the employer. If a corporation fails to implement various safety measures to prevent such accidents, it will be punished through the Joint Penalty Provisions under Article 71 of the Occupational Health and Safety Act. However, in order to apply the Joint Penalty Provisions, a natural person’s violation of the law must first be confirmed. This natural person is called a violator, and in specific cases, the key issue is to determine who is the violator. The Supreme Court judges that the person who carries the "concrete and direct duty" is the violator. It means that the violator is the person who has not fulfilled the obligations set out in the each clause of the Act “in person”. However, this article critically reviews the Supreme Court's judgment and asserts that the violator is “the general manager of health and safety” in contracted projects.

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