earticle

영어

In order to advance industrial safety and health, it is important to advance the contents of the Occupational Safety and Health Law, but apart from this, it is difficult to achieve the advanced future of occupational safety and health without solving the enforcement issues of the law. Even if the occupational safety and health law is legislated with good content, if the operational ability of the executive organization of the law is insufficient or its enforcement function does not work properly, the purpose of the will be diminished and its effectiveness will be greatly reduced. In view of the experiences of industrialized countries in the prevention of industrial accidents, considering the fact that it is impossible to discipline everything in the statute, it is necessary to supplement the voids and defects of the Occupational Safety and Health Law through its enforcement, The importance of the executive issue can not be overemphasized. In these advanced countries, we have been working for a long time to improve the quality level of law enforcement, ie, systematically thinking and approaching enforcement of the Occupational Safety and Health Law. In particular, the reason for emphasizing the expertise of the OSH administrative organization is that they are deeply aware of the importance of the enforcement of the Occupational Safety and Health Law. In order to advance the enforcement of the Occupational Safety and Health Law for the future under the consciousness of this problem, this article presents the improvement method of the law enforcement, and its main contents are as follows. First, many problems in the implementation of the Occupational Safety and Health Law are caused by the ‘poverty of philosophy’ about the law of the executing agency. Therefore, in order to normalize the enforcement of the Occupational Safety and Health Law, the issue of the law and the lack of understanding of legislative thought should be resolved. Second, the specialization of occupational safety and health administration must be solved not only for the contents of the Occupational Safety and Health Law, but also for advancing enforcement. Unless the occupational safety and health administration is specialized, the advanced future of occupational safety and health in Korea can not be promised. Thirdly, if the Occupational Safety and Health Law is implemented in a strictly formal manner, it is difficult to encourage the formal compliance of person responsible for compliance and lead to practical compliance. In order to enforce the effect of enforcement of the Occupational Safety and Health Law, it is indispensable to provide guidance and supervision that focuses on confirmation of actual implementation without departing from confirmation of formal implementation. Fourth, the enforcement of the Occupational Safety and Health Law should be done systematically, not segmentally. The Occupational Safety and Health Law should be enforced in a way that takes into account the whole context of the law, including taking into account the intent of the law. In other words, law enforcement should focus on not only the punishment after the accident, but also the cause of the accident and the measures to prevent the recurrence, and the law should be enforced to include the role of the subcontractor in addition to the contractor and other related fields other than the occupational safety and health field. Fifth. It is more important than strengthening the preventive guidance administration and strengthening the law enforcement infrastructure (infrastructure), rather than relying mainly on punishment, as a way to improve understanding and compliance with the Occupational Safety and Health Law of person responsible for compliance.