원문정보
초록
영어
This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act’s intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.
목차
1. INTRODUCTION
2. PREVIOUS STUDIES
3. KEY PROVISIONS OF THE SERIOUS ACCIDENT PUNISHMENT ACT (SAPA)
3.1 Scope and Application:
3.2 Duties and Responsibilities:
3.3 Criminal Liability:
3.4 Punitive Damages:
3.5 Differentiation from Other Laws:
3.6 Special Considerations for SMEs:
3.7 Enforcement and Compliance:
4. MEASURES TO SUPPLEMENT AND IMPROVE LEGAL PROVISIONS DETACHED FROM THE REALITY OF INDUSTRIAL SITES
4.1 Article 1 (Purpose)
4.2 Article 2 (Definitions)
4.3 Article 3 (Scope of Application)
4.4 Article 4 (Duties of Business Owners and Managerial Personnel to Ensure Safety and Health)
4.5 Article 5 (Duties to Ensure Safety and Health in Contract, Service, and Outsourcing Relationships)
4.6 Article 6 (Punishment of Business Owners and Managerial Personnel for Serious Industrial Accidents)
4.7 Article 7 (Joint Penal Provisions for Serious Industrial Accidents)
4.8 Article 8 (Completion of Safety and Health Education)
4.9 Article 9 (Duties of Business Owners and Managerial Personnel to Ensure Safety and Health)A:
4.10 Article 10 (Punishment of Business Owners and Managerial Personnel for Serious Public Accidents)
4.11 Article 11 (Joint Penal Provisions for Serious Public Accidents)
4.12 Article 12 (Notification of Confirmed Sentences)
4.13 Article 13 (Disclosure of Serious Industrial Accident Occurrences)
4.14 Article 14 (Special Provisions for Judicial Procedures)
4.15 Article 15 (Liability for Compensation)
4.16 Article 16 (Government Support and Reporting for Business Owners)
CONCLUSION
REFERENCES