산업안전보건법 상 도급사업주의 책임강화에 관한 입법론적 평가


The duties and responsibilities of Contractors on industrial accidents


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Contract work is to outsource work. Contract work increases the risk of industrial accidents. The contractor shall bear more obligations and liability for industrial safety. It is not only workers ‘and workers’ responsibility for industrial safety in the labor contract. The industrial safety and health law system is different from the contract law. Industrial safety is an orderly standard and a public law. It does not matter who the parties to the labor contract are. Anyone who works in the workplace must be safe. Everyone who works should be assured of their safety. The contractor must make efforts to achieve this goal. A person should be able to control and prevent industrial accidents. The person must bear the powers and responsibilities of the analyst. Reducing costs is not the only benefit of outsourcing. In particular, the cost of industrial safety should not be reduced through outsourcing. Contracts increase the risk of industrial accidents. If so, the cost of the project should be as high as that. Outsourcing hazardous work itself can not be prohibited. It is important to let professional companies perform dangerous tasks. Rather than prohibiting outsourcing, at least as far as industrial safety is concerned, outsourcing should be a factor in increasing costs. Whether or not outsourcing is beneficial to business profit is a matter that should be reasonably judged by the user of the original office. The gap between theory and practice should be narrowed. The ambiguity of the concept should also be solved. If the concept is unclear, the system can not take effect. The duties and responsibilities of workers on industrial accidents are also important. Because it is the subject to be protected from industrial accidents, but it is the subject of prevention use. Mutual cooperation between the original company and the subcontractor workers is important. If we do not cooperate with each other, an accident can not occur. Carelessness of workers can harm fellow workers. Employers as well as employers should actively take measures to prevent industrial accidents. It is also necessary to have a sense of fellowship between the original and subcontracted workers. Organic cooperation is difficult if fellow consciousness is deficient. It should not be forgotten that not only labor and management but also subcontractors, contractors, and both workers and subcontractors are members of a community. We can prevent the outsourcing of risk by allowing respect, control and cooperation in equal partnership.


I. 서설
II. 산안법 상 외주화와 산업재해 위험과의 관계
III. 도급관계에 대한 산안법적 규제의 당위성
IV. 산안법 상 의무 부담 주체로서 도급인의 개념
V. 산안법 상 산재예방을 위한 안전조치의무의 주체로서도급사업주의 범위
VI. 도급 계약 에 대한 규제와 산업재해예방
VII. 결론


  • 권혁 HYUK KWON. 부산대학교 법학전문대학원 교수(정교수), 법학박사.


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