Browse > Article
http://dx.doi.org/10.15269/JKSOEH.2021.31.4.417

A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents  

Jung, Jin-Woo (Department of Safety Engineering, Seoul National University of Science & Technology)
Publication Information
Journal of Korean Society of Occupational and Environmental Hygiene / v.31, no.4, 2021 , pp. 417-426 More about this Journal
Abstract
Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.
Keywords
Serious Accident Punishment Act; constitutional principles; accident prevention standard; law and safety principles;
Citations & Related Records
연도 인용수 순위
  • Reference
1 Constitutional Court 2014.4.24 2011heonba2 Decision. 2014
2 Constitutional Court 2004.12.16. 2003heonga12(All-inclusive agreement) Decision. 2004
3 Jung JW. Legal issues in the establishment of act on the punishment, etc. of serious accidents and tasks left behind. Institute for Law of Science & Technology, Hannam University, 2021;27(2):47-94
4 Constitutional Court 2005.5.26. 2002heonma699 Decision. 2005
5 Constitutional Court 2010.9.2. 2010heonma418 Decision. 2010
6 Constitutional Court 2015.9.25. 2014heonba154.398, 2015heonga3.9.14.18.20.21.25(Combined) Decision. 2015b
7 Constitutional Court 2019.2.28. 2016heonga13 Decision. 2019
8 Han SW. Constitutional studies. 11th ed. Seoul: Beobmunsa; 2021. p. 487-504b
9 Kwon YS. Introduction to constitutional studies. 2010 ed. Seoul: Beobmunsa; 2010. p. 1015
10 Lim W. Criminal law. 12th ed. Beobmunsa; 2021. p. 45-47
11 Supreme Court 1998.6.18. 97도2231 trial decision(All-inclusive agreement). 1998
12 Han SW. Constitutional studies. 11th ed. Seoul: Beobmunsa; 2021. p. 1262-1263a
13 Constitutional Court 2006.5.25. 2004heonba12 Decision. 2006
14 Constitutional Court 2015.2.26. 2014heonga16.19.23(Combined) Decision. 2015a