• Title/Summary/Keyword: 중대재해처벌법의 목적

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A Comparative Study of the Serious Accident Punishment Act and the Industrial Safety and Health Act (중대재해처벌법과 산업안전보건법의 비교 연구)

  • Jeon, Ki-Joong;Kim, Tae-Hwan
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.283-284
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    • 2022
  • 근로자의 안전을 위해 산업안전보건법이 개정되어 2020년 1월 1일부터 시행되었다. 이 개정 사항에서 산업안전보건법의 보호범위 확대 및 산재예방 책임주체 확대 등의 많은 사항들이 개정되었다. 뒤이어 시행된 중대재해처벌법은 사업 또는 사업장, 공중이용시설 및 공중교통수단을 운영하며, 안전 보건 조치 의무를 위반하여 인명피해를 발생하게 한 사업주, 경영책임자, 공무원 및 법인의 처벌 등을 규정함으로써 중대재해를 예방하고 시민과 종사자의 생명과 신체를 보호함을 목적으로 한다. 비교 결과로는 산업안전보건법이 근로자의 안전 및 보건을 유지 증진시키는데 목적이 있었다면, 증대재해처벌법은 좀 더 넓은 범위의 생명과 신체를 보호한다는데 그 역할을 두고 있다.

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A Study on the Efficient Countermeasure of the Serious Accidents Punishment Act in the Small Businesses: On the Basis of the Serious Industrial Accidents (소규모 사업장의 중대재해처벌법 효율적 대응방안 연구 - 중대산업재해 중심)

  • Lee, Byoung-Lim;Choi, Yu-Jung;Yoo, Sam-Yeol;Choi, Jae-Wook
    • Journal of the Society of Disaster Information
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    • v.18 no.3
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    • pp.507-519
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    • 2022
  • Purpose: This study propose efficient and practical measures to comply with the duty to secure safety and health of the Serious Accidents Punishment Act at small businesses. Method: Based on literature review and previous studies, a plan to comply with the Serious Accidents Punishment Act was reviewed by the link with the safety and health management system and using the process approach method, etc. Result: It was confirmed that if the safety and health management system is faithfully implemented, it is possible to comply with the duty to secure safety and health under the Serious Accidents Punishment Act. In addition, a methodology for fulfilling and inspecting the duty to secure safety and health was presented. Conclusion: If the safety and health management system is operated actively by utilizing the process approach and implementation inspection checklist, it is judged that it will be possible to comply with the Serious Accidents Punishment Act as well as to continuously improve the safety and health management system.

A Study on the Link between the Serious Accidents Punishment Act and the Enterprise Disaster Management Standard: Focused on the Serious Industrial Accidents (중대재해처벌법과 재해경감활동관리체계 연계방안 연구 - 중대산업재해 중심)

  • Lee, Byoung-Lim;Kim, Sang-Duk;Choi, Jae-Wook
    • Journal of the Society of Disaster Information
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    • v.18 no.3
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    • pp.660-671
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    • 2022
  • Purpose: This study is intended to confirm the business disruptive risk in the Serious Accidents, and propose a plan to comply with the Serious Accidents Punishment Act through the Disaster Mitigation Activity Management System. Method: Through literature review and case studies, the requirements and characteristics of each of the Serious Accidents Punishment Act, the Disaster Mitigation Activity Management System, and ISO 45001 were compared and analyzed, and implications were derived. Result: The business disruption and financial adverse effects caused by industrial accidents were identified. Based on this and by using the Disaster Mitigation Activity Management System, measures to link the documentation requirements of the the Serious Accidents Punishment Act to the Disaster Mitigation Activity Management System, and to manage the implementation records of the Serious Accidents Punishment Act's duty were derived. Conclusion: When establishing and operating the Disaster Mitigation Activity Management System, it can not only comply with the Serious Accidents Punishment Act but also contribute to maintaining business continuity and ESG management through the prevention of various disasters and the minimization of secondary damage, etc.

An Analysis on the Problems of the Serious Disaster Punishment Act from the Construction Industry's Perspective and Proposed Improvement Measures (건설업계 관점에서의 중대재해처벌법 시행에 따른 문제점 분석 및 개선방안)

  • Lee, Dae-Hyeong;Lee, Jun-Yong;Son, Chang-Baek
    • Journal of the Korea Institute of Building Construction
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    • v.23 no.2
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    • pp.187-196
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    • 2023
  • The objective of this study was to analyze the awareness, necessity, and challenges of the Serious Disaster Punishment Act within the domestic construction industry, which is subject to the legislation implemented by the government. The research aimed to propose future improvement measures. According to the findings, safety officials consider securing more young and competent domestic skilled workers, as well as improving safety management standards and workers' safety awareness, to be the most crucial factors in preventing and reducing safety accidents. Furthermore, the primary improvement plan for the Serious Disaster Punishment Act involves clarifying ambiguous provisions in the current law. Government policy support is necessary to enhance the effectiveness of the Serious Disaster Punishment Act, and revisions should focus on preventive measures that contribute to the establishment of a safe working environment.

A Study on the Current Status and Problems of the Serious Accident Punishment Act (중대재해처벌법 현황과 문제점에 대한 고찰)

  • Kwon, Oh-yong
    • Journal of the Society of Disaster Information
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    • v.18 no.3
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    • pp.470-477
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    • 2022
  • 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.

Analysis of Major Issues in the Serious Accidents Punishment Act (SAPA) (중대재해처벌법의 주요쟁점 해소 방안)

  • Cho Choonhwan
    • Journal of the Korea Institute of Construction Safety
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    • v.5 no.1
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    • pp.17-24
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    • 2023
  • The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

Correlation Analysis Between Awareness of the Serious Accidents and Safety Consciousness of Construction Workers Under the Act on the Punishment of Serious Accidents (중대재해처벌법 인지 정도와 건설 근로자 안전 의식 수준의 상관관계분석)

  • Seo, Youngjun;Kim, Seulgi;Lee, Dongyeope;Jung, Junhwi;Kim, Daeyoung
    • Korean Journal of Construction Engineering and Management
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    • v.25 no.3
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    • pp.47-57
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    • 2024
  • The purpose of this study was to analyze the Correlation Analysis between Awareness of the Serious Disaster and Safety Consciousness of Construction Workers under the Act on the Punishment of Serious. A survey was conducted on construction workers, construction managers, and safety managers. The results of this study were as follows; The correlation analysis conducted among the three groups indicated a significant correlation, with safety managers demonstrating the highest correlation, followed by construction managers and construction workers, and all three groups exhibited a moderate correlation. The correlation analysis conducted for the entire group also revealed a significant correlation, and as the number of participants increased, higher correlation coefficients were observed. Furthermore, to ascertain the significance of the correlation coefficients, a comparison was made between the p-value and the significance level (α). Consequently, a p-value smaller than the significance level of 0.05 was obtained, leading to the rejection of the null hypothesis and the acceptance of the alternative hypothesis. Therefore, it can be concluded that there is a relationship between the level of awareness of the serious Accidents Punishment Act and the level of Safety Consciousness of Construction. One limitation of this study is that it relied on a subjective indicator through a survey, which may introduce variability in the difficulty level of the questionnaire items.

Reliability and Validation of the Measurement Tool of SSEIT Emotional Intelligence Model for Construction Worker (건설현장 근로자 SSEIT감성지능모델 측정도구의 신뢰도와 타당성검증)

  • Moon, Yoo-Mi
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2023.11a
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    • pp.99-100
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    • 2023
  • 최근 중대재해처벌법의 목적은 건설업 주체 구성원들의 안전불감증을 방지하기 위해 CEO의 안전참여 문화를 강조하고 있다. 선행연구에서는 리더의 감성 수준이 높을수록 업무 능력에 긍정적인 영향을 미치며, 감성능력을 요구하는 추세라고 주장하였다4). 본 연구에서 경영자 (CEO) 리더십 및 안전관리 연구에 사용할 수 있는 감성안전 측정으로 건전하고 간단한 EI 측정개발도구에 대해 신뢰도를 검증한다. Schutte Self-Report Emotional Intelligence Test (SSEIT)의 감정 조절 모델을 적용하면 리더와 안전관리자의 EI가 안전업무 수행과 태도에 긍정적인 영향을 미쳐야 한다. 또한 건설 안전관리 직업의 재해피해가능성스트레스 감정 노동이 EI-활용훈련 결과 감정조절이 가능하다는 것을 제안한다.

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