산업안전보건법 벌칙규정의 현황과 과제

초록

There are two ways to compel the employers to follow the Health and Safety at Work Act and Regulations. One is to inflict criminal punishments and the other is to administrative sanctions. Among them, the first one has very serious effect on the employers, which means that State has to take actions carefully and effectively for desirable outcome. This study contains some suggestions about interpretation and application of the Penalty Provisions in Health and Safety at Work Act, based on the consideration mentioned above. First, Supreme Court Decisions on the construction death incident cases should be changed, which exempt corporate criminal liability. Second, There should be serious consideration for criminal negligence in Health and Safety at Work Act. Third, A Criteria when a government can conduct a administrative order before criminal charges has to be built. Last, It is inappropriate to apply joint penal provision for the individual offenders who are not regulated by the provision. Revision of joint penal provision needs.

키워드