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산업안전보건법의 제정과 법적 쟁점

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Enact of The Industrial Health and Safety Act and Legal Issues

노상헌

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This essential to enhance the welfare of employees in a today's welfare state. It is desperate to secure a safety and a health in the way to provide the work. Even though it has been exerted to procure a health and safety for a
long time with the administrative power, there occurred some situations which could not be solved by this way.
In these circumstances, it arise as an urgent problem to establish restrictions on a health and safety and to establish the new law of health and safety in European countries is a decentralized and self regulating approach as I examined. It is highly depended on a self regulating reaction by owner's own risk.
In summary, to enact self regulating management system for safety and health which is basis on a risk analysis is the work to be solved. To enhance a level of safety and health, it is needed to make a rule which could reflect an employees' opinions and should be made by owner.
We need to break today's the administrative laws and regulations which regards screening and punishment as important thing and I think that we need to make the Industrial Health and Safety Act for voluntary restriction which can realize a self regulating safety and health that is running systemically and continuously a risk analysis, an examine a fulfillment, planning, running, analysis and an enhancement.

목차

Ⅰ. 들어가는 말
 Ⅱ. 산업안전보건법의 제정과 체계
  1. 산업안전보건법의 제정과 전개
  2. 산업안전보건법의 구조
  3. 산업안전보건법의 이행확보
 Ⅲ. 산업안전보건법의 비교법적 검토
  1. 미국의 OSHA
  2. 영국의 HSWA
  3. 독일의 ArbSchG
  4. 일본의 노동안전위생법
  5. 정리 및 시사점
 Ⅳ. 산업안전보건법의 쟁점과 과제
  1. 산업안전보건법의 법적 성질
  2. 산업안전보건법과 안전배려의무
  3. 산업안전보건법의 벌칙규정 검토
 Ⅴ. 결론에 갈음하여
 <표> 근로기준법상 보건과 안전에 관한 규정(법률 제286호, 1953.5.10, 제정)
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저자정보

  • 노상헌 Roh, Sang-Heon. 서울시립대학교 법학전문대학원, 교수

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