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논문검색

2014년 하계학술대회

산업안전보건법상 근로자의 권리 ― 작업중지권 실태조사를 중심으로 ―

원문정보

Workers Protection of Occupational Safety and Health Act - Focusing on the right of work suspension in workplace -

조흠학

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초록

영어

Occupational Safety and Health Act article 26 is about Suspension of Work. It defines that if there is an imminent danger, the employer shall suspend the operations, evacuate from workplace, and he/she shall report it without delay to the immediate superior officer, who shall take appropriate measures to address the situation. And if there are reasonable grounds to believe that there exists any imminent danger, the employer shall not dismiss or give other unfavorable treatments to workers who have suspended work and taken shelter pursuant to paragraph because they have done so. However, unclear range and definition of “imminent danger” has caused a controversy because it is hard for workers themselves to judge whether a situation is danger or not. “Imminent danger” should be defined clearly in enforcement ordinances and enforcement regulations. From results of this research, we found that it is better to replace “imminent danger” with “when you recognize that ‘industrial accident’ seems to happen” in article 26 of OSHA. Because more realistic mean may help to use ‘the right of work suspension’ for workers. Also it is necessary to make a institute which can judge whether the right of work suspension was exercised justly or not. And if manuals for work suspension are made, these will helpful for workers to use ‘the right of work suspension’ easily in workplace.

목차

Ⅰ. 서론
 Ⅱ. 작업중지권의 이론적 근거
 Ⅲ. 사업장별 실태조사 현황
 Ⅳ. 법정책적 개선방안
 Ⅴ. 결론
 참고문헌
 Abstract

저자정보

  • 조흠학 Cho, HmHak. 법학박사, 산업안전보건연구원 연구위원.

참고문헌

자료제공 : 네이버학술정보

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