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The Enactment and Future Tasks of the Fatal Industrial Accidents Punishment Act

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(4), pp.43-66
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 5, 2021
  • Accepted : November 28, 2021
  • Published : November 30, 2021

Jin-young, Kim 1

1원광대학교

Candidate

ABSTRACT

The Republic of Korea implements the Occupational Safety and Health Act to prevent industrial accidents. Nevertheless, as structural issues related to the safety of companies and governments have been steadily pointed out due to accidents at industrial or social disasters, the Act on the Fatal Industrial Accidents Punishment Act has been enacted and is set to take effect in January 2022. In particular, in the case of serious industrial accidents, structural problems have also been pointed out that no one is responsible for the death case to the extent that it is a structural problem arising from the relationship of subcontractors. The newly enacted the Fatal Industrial Accidents Punishment Act requires business owners or management managers to bear the obligation to secure safety and health, and severely punishes deaths or sick people in violation of this. This focuses on punishmentism according to the purpose of enacting the Fatal Industrial Accidents Punishment Act, and ultimately seeks to actively induce the reinforcement and implementation of safety and health measures for owners. However, the Severe Disaster Punishment Act still has many problems. The contents of the obligation to secure safety and health, the regulations on the recipients are not clear, the level of punishment is quite high, which does not meet the legislative purpose of preventing industrial accidents, and the uniform application of workplaces with less than five serious industrial accidents. Therefore, in order to improve the problems of the the Fatal Industrial Accidents Punishment Act, supplementary legislation considering this is necessary, although it is still before the enforcement of the Act. The legislative purpose of the Fatal Industrial Accidents Punishment Act is to prevent serious disasters through corporate punishment, but it seems that the function of preventing them is neglected because only the punishment has been strengthened. The fact that even the scope of safety and health laws and regulations is not specified is considered to be inconsistent with the legislative purpose of preventing serious accidents as a result of reducing the possibility of performance of obligations by managers. the Fatal Industrial Accidents Punishment Act should clearly stipulate that there is no controversy over the interpretation of the content of the obligation to secure safety and health and the subject responsible for it, focusing on the preventive function of serious accidents.

Citation status

* References for papers published after 2022 are currently being built.