산업안전보건법상 상위관리자의 책임과 양벌규정의 개정

초록

In Korean criminal procedure, a corporation could be punished only through the Joint Penalty Provision. In order to apply the Joint Penalty Provision, a natural person’s violation of the law must first be confirmed. This natural person is called a violator. The the Korean Supreme Court rules that the violator is the person who bears the specific and direct obligation to fulfill the each content of the laws, not the person responsible for safety and health in premise generally such as general manager of health and safety. This article presents an amendment model of charging the general manager of health and safety, analyzing the concept of “considerable attention and supervision” enacted in the current law.

키워드