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A Review on the Judgment of Convicts in terms of SAPA and OSHA – Focused on Supreme Court Ruling 2023do12316 Issued on December 28, 2023 -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.11-38
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 3, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Kang Hyun Seok 1

1육군 검찰단 군검사

Accredited

ABSTRACT

As the scale and frequency of industrial accidents have increased in our society, along with the resultant social issues, the "Serious Accidents Punishment Act" was enacted on January 26, 2021. This legislation is seen as overcoming the limitations of the previous legal system, which placed responsibility for industrial accidents solely on the on-site safety officers and individual accident-prone workers. It now provides a clear legal basis to impose direct responsibility on business operators and managers. Through this act, our society expects to prevent accidents across industrial sites in advance and to facilitate reasonable punishment for liability in case of accidents. However, the "Serious Accidents Punishment Act" has been criticized since its enactment for potentially violating the constitutional principles of clarity and prohibition of excessive regulation. One significant issue raised is the problem of overlapping legislation with the "Occupational Safety and Health Act," which already regulates safety and health obligations. This problem of overlapping legislation has emerged as a critical issue affecting the application of both laws simultaneously, impacting the relationship between different offenses. This paper analyzes various lower court cases regarding the relationship between the "Serious Accidents Punishment Act" and the "Occupational Safety and Health Act" and examines how the Supreme Court has ruled on the relationship between these two laws. In particular, this paper analyzes a key ruling in which the Supreme Court considered the relationship between these two laws as concurrence of offences rather than a substantive concurrence, investigating the court's specific reasoning and exploring the implications derived from this interpretation.

Citation status

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