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A Study on Problems and Improvement Measures of Occupational Safety and Health Law Policies in Korea: Focused on Administrative Rules and Guidelines

산업안전보건법정책의 문제점과 개선방안 - 행정규칙과 행정지침을 중심으로 -

  • Jung, Jinwoo (Department of Safety Engineering, Seoul National University of Science & Technology)
  • 정진우 (서울과학기술대학교 안전공학과)
  • Received : 2018.03.04
  • Accepted : 2018.03.19
  • Published : 2018.03.30

Abstract

Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

Keywords

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