Development and Establishment of the Working Environmental Rights

노동환경권 개념의 도입과 피해구제방안에 관한 연구

Numerous regulations have been introduced and a various kinds of institutional intervention have been made by government against the occupational safety and health problems. However, it was serious issue to the workers that what can be claimed by those who meet with apparently harmful and risky working conditions in their social systems. In the view point of employees, their right to be free from unacceptable risk and hazards has not been clearly defined. Therefore, workers have very limited rights to take any actions unless employer or government do their actions. It is believed that this undesirable conditions resulted from Jack of legal definition of workers' right to work in the safe and healthy environment. It has been found increased social pressure to make intervention to the industry to protect workers' health. Also, increased pressure has been kept for deregulation. This conflict lay the current situation in dilemma. The concept of the working environmental right has been developed and discussed in this study to overcome this trade-off confliction. It should be clearly separated between legal aspects and administrative and Policy area to make the regulations effective. Strong enforcement to the industry based on the law should be minimum, however, it should be practically effective in the aspect of workers' right. Administration and policy should be focused on supportive and leading activities to achieve the ultimate goal, safe and healthy working environment. It is concluded that establishment of working environmental right would satisfy workers and industry and it would result in improvement workers' environment and conditions.