산업안전보건법상 사업주의 형사책임 ― 제66조의2에 관한 대법원 판례의 해석론 ―

초록

This paper is aimed at situation where employees die in the course of work. It analyzes precisely the necessary conditions of applying the article 66-2 to death cases which the Supreme Court has showed us. The conclusion of this paper is this: general tendency of the Supreme Court’s Decisions on applying this article to the cases concerned is so rigid, that employers could escape from the relevant criminal responsibilities without much difficulty. But, the article 66-2 in the Health and Safety at Work Act is very important, because it is the unique article regulating the employer’s criminal liability on the death of employees at work. Specially, under situation that the Supreme Court denies general punishment upon the cooperations based on the Criminal Law, it plays a crucial role to put some meaningful pressure on them. Considering these legal circumstances, major changes on the strick interpretation of the laws are needed and the subjective of changes is the classic principle of criminal liability.

키워드