Browse > Article
http://dx.doi.org/10.15683/kosdi.2022.9.30.470

A Study on the Current Status and Problems of the Serious Accident Punishment Act  

Kwon, Oh-yong (Department of Industrial Engineering, Sunmoon University)
Publication Information
Journal of the Society of Disaster Information / v.18, no.3, 2022 , pp. 470-477 More about this Journal
Abstract
Purpose: As the Act on Punishment of Serious Accidents came into effect in January 2022, it is becoming a big social issue in the labor and management circles. The purpose of this law is to analyze problems and suggest improvement plans so that the purpose of protecting lives and bodies by preventing major accidents can be met. Method: The main contents of the relevant law were identified, and the current application status of the currently enforced law and problems by law were analyzed. Result: Currently, more than 50 accidents have occurred and they have been classified as serious accidents, and no punishment has been imposed under the relevant laws. There are four major problems: 1) the issue of equity in the applied workplace, 2) the lack of clarity in some legal provisions, 3) the issue of entrusting the obligation to secure safety and health to private organizations, and 4) the issue of excessive punishment regulations. was analyzed as. Conclusion: As the law is in the early stages of enforcement, there are trials and errors, but revisions are necessary through the efforts of the labor and management circles to meet the establishment and purpose of the law.
Keywords
Serious Accident Punishment Act; Serious Accident; Safety and Health; Accident Status; Legislation;
Citations & Related Records
연도 인용수 순위
  • Reference
1 Jung, J.W. (2021). "Legal Issues in the establishment of act on the punishment, etc. of serious accidents and tasks left behind." Hannam Journal of Law&Technology, Vol. 27, No. 2, pp. 47-94.
2 Jung, J.W. (2022). "Legal issues in practice under serious accident punishment act - Focusing on serious industrial accidents-." Journal of Social Security Law, Vol. 46, pp. 519-553.
3 Kim, J.G., Kim, D.H, Chae, J.G. (2021). "Review of the scope of serious accident punishment act: Focusing on the serious civil accidents." The Korean Society of Disaster Information, Seoul, pp.187-190.
4 Korea Occupational Safety and Health Agency (2022). Status of Industrial Accidents by size in 2021.
5 Lee, K.W. (2021). "Critical analysis of the recent Serious Accidents Punishment Act." Korean Journal of Criminology, Vol. 32, No. 4, pp. 215-245.
6 Lim, W.T. (2021). Problems and Improvement Direction of the Enactment of the Serious Accident Punishment Act. GREENSAMSUNG New Year Edition 2021, Samsung Institute of EHS Strategy, Seoul, pp. 9-14.
7 Ministry of Employment and Labor (2015). History of the revision of Occupational Safety and Health Act.
8 Ministry of Employment and Labor (2022). Explanation for Serious Accidents Punishment Act.
9 Ministry of Government Legislation (2020). Criminal Act.
10 Ministry of Government Legislation (2021). Occupational Safety and Health Act.
11 ULSAN SAFETY "Application Status and Investigation Status of the Serious Accident Punishment Act." 2022.03.18. https://ulsansafety.tistory.com/4065
12 Ministry of Government Legislation (2021). Serious Accident Punishment Act.
13 Song, J.Y. (2022). "Study on the violation of constitution of the Serious Accidents Punishment Act." Contemporary Review of Criminal Law (CRCL.PS), Vol. 74, No.7, pp. 231-267.