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KMID : 1039220220320020129
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Journal of Korean Society of Occupational and Environmental Hygiene
2022 Volume.32 No. 2 p.129 ~ p.136
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A Health and Safety Issue in the Serious Accident Punishment Act - Focusing on the Contract, Service, and Commission Relationship Issues ?
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Jung Jin-Woo
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Abstract
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Objectives: Given the real problems at industrial sites related to the Serious Accident Punishment Act (SAPA), it has become controversial as a particularly important issue in terms of occupational safety and health. I intend to examine in detail what are the problems and how to approach them.
Methods: The contents of SAPA were reviewed focusing on whether its provisions conform to the principles of occupational safety and health, whether they fit the related legal theory, and whether they are effective for accident prevention. The purpose of this study is to examine whether there is a problem with SAPA from the perspective of the effectiveness of accident prevention by combining occupational safety & health management theory, and legal theory.
Results: In order to ensure the effectiveness of SAPA, it should be revised to increase the predictability and implementation of safety and health measure standards. Otherwise, it is expected that there will be not only economic and social costs in the short term, but also side effects that disrupt the safety law system, resulting in a considerable number of post-mortem conditions in the mid- to long term.
Conclusions: It is easy to see in comparative law that raising the legal punishment alone does not have the effect of preventing industrial accidents. SAPA should be revised as soon as possible in the direction of faithfully and elaborately reorganizing the standards for safety and health measures.
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KEYWORD
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Serious Accident Punishment Act, occupational safety and health, safety and health management theory, legal theory, standards for safety and health measures
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