DOI QR코드

DOI QR Code

Problems and Countermeasures in the Construction Industry Application of the Serious Accident Punishment Act

중대재해처벌법의 건설업 적용 문제점 및 대응방안

  • Jung, Joong-Sup (Department of Industrial and Management Engineering, Hanbat National University) ;
  • Seo, Jun-Hyeok (Department of Industrial and Management Engineering, Hanbat National University) ;
  • Lee, Dong-Hyung (Department of Industrial and Management Engineering, Hanbat National University)
  • 정중섭 (한밭대학교 산업경영공학과) ;
  • 서준혁 (한밭대학교 산업경영공학과) ;
  • 이동형 (한밭대학교 산업경영공학과)
  • Received : 2022.05.04
  • Accepted : 2022.06.08
  • Published : 2022.06.30

Abstract

The Act on the Punishment of Serious Accidents to Prevent Large-scale Disasters, including Ferry Sewol and Taean Thermal Power Plant, passed the National Assembly on January 8, 2021, and has been in effect since January 27, 2022. However, the law, in which the representative of the headquarters is unlimitedly responsible for each worker's accident, is somewhat unreasonable at a time when a company owns dozens to hundreds of construction sites due to the nature of the construction industry. I agree with the purpose of enacting the law to reduce chronic serious accidents at construction sites, but it is necessary to carefully reconsider the implementation of the law in that punishment alone cannot achieve industrial safety. Previous studies focused on revising the Occupational Safety and Health Act, but there are few studies on the impact on the construction industry after the implementation of the Serious Accident Act. Therefore, this study attempts to derive problems related to the application of the Serious Accident Act and present improvement measures. To this end, after analyzing previous studies, SWOT analysis was performed by applying the Delphi method to derive strengths, weaknesses, opportunities, and threats. In addition, the results of two surveys of safety experts such as public institutions, academia, and companies were reflected, and its countermeasures were presented as follows. S/O strategy: establishing on-site execution capabilities of health and safety management system; W/O strategy: expanding legal and system execution checks; S/T strategy: establishing a risk response system; W/T strategy: expanding consulting by external specialized institutions

Keywords

References

  1. Anh, H.S., Won, J.H., Youn, Y.C., Youn, H.G., and Jung, J.W., How to introduce a system for granting safety and health obligations to construction business owners, Korea Occupational Safety and Health Agency Safety and Health Research Institute Research Report, 2017.
  2. Anh, J.Y., A study on improvement of safety measure implement in construction industry risk assessment [master's thesis].[Chungju, Korea]: National University of Transportation, 2018.
  3. Choi, B.R., Measures to Secure the Effectiveness of Punishment System for Violations of Laws Related to Safety and Health[master's thesis].[Seoul, Korea]: Seoul National University of Science and Technology, 2021.
  4. Cho, N.O., A Study on the Implementation and Improvement of Safety and Health Responsibilities of Construction Clients Safety Disaster Fire Protection Program [master's thesis].[Seoul, Korea]: Seoul National University of Science and Technology, 2020.
  5. Gyun, H.M., Changes in occupational safety in 2021 following the introduction of the serious accident punishment act, Monthly Korean Federation of Trade Unions, 2021, Vol. 569, pp. 18-19.
  6. Jung, J.S., Park, S.Y., and Lee, D.H., A plan to improve the safety management system centered on the orderer for the reduction of construction accidents, International Journal of Mechanical Engineering, 2021, Vol. 6, No. 3, pp. 880-887.
  7. Jung, J.W., Legal issues and remaining tasks in the enactment of the serious accident punishment act, Science and Technology Law Research, 2021, Vol. 27, No. 2.
  8. Kang, T., A Study on Improvements to the Industrial Accident Punishment System-Focusing on Fatal Accidents in Violation of the Occupational Safety and Health Act[master's thesis].[Seoul, Korea]: Korea University, 2017.
  9. Kang, Y.K., Lee, C.D., and Lee, S.N., Review of corporate responses to the enforcement of the serious accident punishment act, Sogang Journal of Law and Business, 2021, Vol. 11, No. 2, pp. 211-245. https://doi.org/10.35505/sjlb.2021.8.11.2.211
  10. Kim, H.G., Criminal imposition of obligation to secure safety and health: Criminal policy evaluation of the serious disaster punishment act and its enactment, Korean Society of Criminal Policy, 2021, Vol. 65, No. 33-1.
  11. Kim, M.J., Background and implications of the appearance of the serious disaster punishment act, Occupational Health and Safety Corporation, Safety and Health Policy Research, Korean Society of Social Law, 2020, Vol. 42.
  12. Kim, S.E., A Study on the Effects of Smart Safety Technology on the Reduction of Falling Death Disasters by Location of Building Construction[dissertation]. [Suwon, Korea]: Kyonggi University, 2021.
  13. Kim, Y.K., Legal issues and legal policy tasks of the severe accident punishment act: From the perspective of strengthening safety and health measures of enterprises, Journal of Legislation Studies, 2021, Vol. 18. No. 1, pp. 111-147. https://doi.org/10.31536/jols.2021.18.1.005
  14. Lee, S.H., The Study to Improve the Appropriation Standards for the Occupational Safety and Health Expenses in the Construction Industry[master's thesis]. [Busan, Korea]: Pusan National University, 2019.
  15. Oh, B.S., Ji, S.G., Jung, J.S., and Oh, G.Y., Serious Accident Punishment Act, 2022, Korea, Book Publishing Golden Bell.
  16. Park, S.Y., A Study on Expanding the of Employers' Responsibilities of the Occupational Health and Safety Act[dissertation].[Changwon, Korea]: Changwon National University, 2019.
  17. Park, Y.S., A Study on the Improvement of the Safety Management System According to the Expansion of the Responsibility for Industrial Accident Prevention: Focused on the current occupational safety and health law[dissertation].[Suwon, Korea]: Kyonggi University, 2020.
  18. Seo, J.H., A Study on the Responsibility of Contractors of Construction Work in under the Industrial Safety and Health Act[dissertation].[Busan, Korea]: Dong-A University, 2020.
  19. Seo, J.H. and Bae, S.M., Establish company's response strategy by revision product liability law through Delphi-SWOT method, Journal of Korean Society for Quality Management, 2018, Vol. 46, No. 4, pp. 911-922. https://doi.org/10.7469/JKSQM.2018.46.4.911
  20. Sim, H.H., An Empirical Study on the Impact of Human Factors on Safety and Health Performance in the Safety and Health Management System in Construction [dissertation],[Seoul, Korea]: Myongji University, 2019.
  21. Woo, S.K., A Study on Tools of Collaborative Governance to Prevent Occupational Accidents in Construction Industry[master's thesis].[Pusan, Korea]: Pusan National University, 2020.