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산업안전관련 법제도의 패러다임 변화를 위한 방향 검토

원문정보

Laborlawreform against industrial accidents

권혁

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초록

영어

Labor contract relationship's purpose is contract labor of others. Labor of workers is mediator. In the implementation process, happening some disaster is regrettable but inevitable. The occurrence of labor accidents is “inherent danger at all times.” In the early past of the industrial revolution, industrial accident that occurred in workers has been only confirmed intently misfortune of workers. However, It is more than these misfortune of workers. Threat of living of family of the workers, of course, leads to the anxiety of the society. It has become a social problem. The occurrence of industrial accidents is not confined to mean the actual labor ability loss or degradation of individuals. It must bear some of the problems associated with the skilled labor force loss of the company. Labor accidents, resulting in a problem to the performance of the company's business, and therefore, are those that result in the loss of company. It is very difficult to prevent industrial accidents of today. There is a very technically complex risk. above all, slack industrial safety awareness of each individual is a problem. In this situation, If the fact that the occurrence of industrial accidents occurs, sanctions against business owner becomes the center immediately. Effect of sanctions against business owner is a situation that has reached the limit. Discussion of legislative policy about ‘How effectively’ prevent the occurrence of industrial accidents must become the center. Rather than a post-sanctions the legal system, it must be reorganized so as to center the prevention. It must be focused on maximizing prevention function through constantly surveillance. Therefore, it is necessary to activate the o rganization responsible for industrial safety feature in workplace. And there is a need to information about industrial safety activities is published in the external. Country, must become a center support to the health and safety activities. More than anything, it simplifies the complex industrial safety health legal system such as the current, there is an urgent need to clarify. Finally, it is necessary to strive to find a method that can draw cooperation with active participation of the workers. In addition, there is a side effect of the risk of industrial accidents has been concentrated in the external human resources and non-regular workers. It must be prevented these problems. Industrial safety legal system reform is urgent.

목차

Ⅰ. 서설
 Ⅱ. 산업재해 현황과 노동법적 대응체계
 Ⅲ. 현행 산업안전보건법 체계의 입법 연혁과 특성 검토
 Ⅳ. 산업안전보건법 상의 제재효과 제고와 노동형벌
 Ⅴ. 결론: 산업재해 예방의 효율성 제고를 위한 산안법개정 방향성 수립 필요성
 참고문헌
 

저자정보

  • 권혁 Hyuk Kwon. 부산대학교 법학전문대학원

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