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The study on Occupational Health and Safety Act Punishment System and Violation

  • DONG-A LAW REVIEW
  • 2015, (69), pp.111-170
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

hmhak Cho 1

1산업안전보건연구원

Accredited

ABSTRACT

The most important problem is whether the employer has responsibility about a Safety measures of The Occupational Safety and Health Act violations. In general, it is important that the criminal law is the responsibility directly of violation. Therefore Criminal law has willful or negligent crime is important. But It is hard because there are difficult to apply an crime of omission at A Occupational Health and Safety Act violations. However, a recent The Supreme Court(Supreme Court Decision 2014 Do 3542 Decided May 29, 2014) is widely recognized for employer liability. Direct contractual relationship between the parties in the past, but was recognized safety measures are responsible for the results of actions. As a result the wider the limits of safety measures can be directly responsible for the party's security measures, but is widely Who is responsible for the future given the responsibility.

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