• Title/Summary/Keyword: Act on the Punishment

Search Result 159, Processing Time 0.028 seconds

Risk and Responsibility: Understanding the Distribution of Serious Accident Punishment Act

  • Choongik CHOI
    • Journal of Distribution Science
    • /
    • v.21 no.6
    • /
    • pp.31-38
    • /
    • 2023
  • Purpose: This paper investigates how companies respond to government regulations and disasters in a risk-managed society, and aims to initiate discussions on the future prospects and challenges. Specifically, it explores how companies can plan to respond to such disasters in the future, and stresses that the law should be to protect people's lives and ensure safety, rather than to punish companies. Research design, data and methodology: The study methodology is based on a review of existing literature, as well as trend analysis through big data analysis. The research analyzes the discourse in our society regarding the enactment of the Serious Accident Punishment Act. Results: This study supports that the Serious Accident Punishment Act should be implemented in a manner that does not impede corporate activities, but rather helps to ensure the safety of citizens' daily lives. The authors call for collaboration between communities, labor unions, and companies in achieving a cooperative governance system for a safer society. Conclusions: It highlights the importance of addressing disasters and government regulations in the context of a risk-managed society, and offers insights for both companies and policymakers on how to navigate these challenges. By prioritizing safety and cooperation, we can work towards building a safer and more resilient society

Change in the Safety And Health Management System of Enterprise regarding Enforcement of the Serious Accidents Punishment Act (중대재해처벌법 시행에 따른 기업의 안전보건관리체계 변화)

  • Cho, Seoyeon;Jeong, Myeongjin;Han, Yurim;Chang, Jaewoo
    • The Journal of the Convergence on Culture Technology
    • /
    • v.8 no.6
    • /
    • pp.733-739
    • /
    • 2022
  • A survey was conducted on safety and health managers to analyze what change have occurred in the safety health management system of companies since the enforcement of the Serious Accidents Punishment Act. As a result, it was confirmed that most of the safety and health budgets increased, and most of the safety and health organization operations and safety and health tasks were strengthened. However, further research is needed to see if this has a practical effect on worker safety and reduction of serious accidents, and realistic measures are needed to allow safety and health managers to focus on practical helpful tasks rather than formal ones. In addition, it was confirmed that active support from business owners or management managers and strengthening education on the Serious Accidents Punishment Act were needed through cross-analysis between the education of the Serious Accidents Punishment Act and positive change in safety and health.

Problems and Countermeasures in the Construction Industry Application of the Serious Accident Punishment Act (중대재해처벌법의 건설업 적용 문제점 및 대응방안)

  • Jung, Joong-Sup;Seo, Jun-Hyeok;Lee, Dong-Hyung
    • Journal of Korean Society of Industrial and Systems Engineering
    • /
    • v.45 no.2
    • /
    • pp.37-47
    • /
    • 2022
  • 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

Establish Manufacturing Firms' Response Strategy to the Serious Accident Punishment Act Using IPA (IPA를 활용한 제조기업의 중대재해처벌법 대응방안 수립)

  • Seo, JunHyeok;SungMin Bae
    • Journal of Korean Society for Quality Management
    • /
    • v.51 no.4
    • /
    • pp.607-618
    • /
    • 2023
  • Purpose: In this study, we proposed a plan to establish and implement a safety and health management system by utilizing corporate resources so that manufacturing companies can effectively respond to the Serious Accident Punishment Act. Methods: We identified critical factors and response strategies necessary for manufacturing companies to respond to the Severe Accident Punishment Act effectively and surveyed employees working at the company regarding their importance and performance. Results: In this study, we presented a method of strategically constructing the response strategies (20) shown in previous studies by matching them with the company's resources (leadership, organization, budget, education, and awareness). In particular, leadership refers to the ability of managers who can prevent serious accidents by carrying out safety and health security obligations to avoid safety and health hazards or risks to employees in the business or workplace that is controlled, operated, and managed. Conclusion: Based on the manager's firm leadership, the system's purpose and direction must be accurately set and sufficiently communicated to members. In addition, for companies to identify and improve risk factors on their own, a Process approach must be established to improve execution by referring to legal standards together with field managers and supervisors.

A Study on the Prevention of Serious Accident in Small Business: Focusing on Cargo Transport Vehicles (중소기업 중대재해 예방에 관한 연구: 화물운송차량를 중심으로)

  • Byung Hyun Chung;Ki Hong Kim
    • Journal of the Korea Safety Management & Science
    • /
    • v.25 no.3
    • /
    • pp.37-43
    • /
    • 2023
  • Since 2024, small business are also going to be ruled under the Serious Accident Punishment Act. As the scope of the law expands, the small logistics companies are required to pay more attention on preventing serious accidents on the field. Freight vehicle accidents can cause personnel accidents and cargo accidents which are the two serious accidents that the Serious Accident Punishment Act is trying to prevent. The purpose of this research are to study the factors that cause the serious accidents that happens in the small logistics companies and to suggest preventive. The results of the study shows that fall prevention is the top-priority and then driving experience, safety management, and cargo driving hours. However, the gaps between the evaluation values of each are not huge, which means all the preventives are significant.

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
    • /
    • v.23 no.2
    • /
    • pp.187-196
    • /
    • 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.

Study on the Application of the Serious Accidents Punishment Act in Construction Sites and Practical Improvement Measures for Legal Deficiencies

  • Wonpyo Hong;Taekeun Oh
    • International Journal of Advanced Culture Technology
    • /
    • v.12 no.3
    • /
    • pp.396-405
    • /
    • 2024
  • This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act's intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.

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
    • /
    • v.5 no.1
    • /
    • pp.17-24
    • /
    • 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.

A comparative Analysis of Overseas Cases to Enhance Effectiveness of CEO's Safety and Health Duties - Focusing on Serious Accidents Punishment Act(SAPA) and Singapore's New System - (경영책임자 안전보건의무 실효성 제고를 위한 해외사례 비교분석 - 중대재해처벌법과 싱가포르 신설 제도를 중심으로 -)

  • Jeongung Lee;Jaewook Jeong
    • Journal of the Korean Society of Safety
    • /
    • v.38 no.1
    • /
    • pp.55-61
    • /
    • 2023
  • Although corporate punishment-related systems are being implemented in several countries, such as South Korea's Serious Accidents Punishment Act (SAPA), related research has mainly focused on legal issues. This study aimed to compare and analyze the SAPA and Singapore's Workplace Safety and Health Act (WSHA) and Code of Practice on Chief Executives' and Board of Directors' Workplace Safety and Health Duties (WSHD). In addition, it was attempted to draw implications to enhance the effectiveness of the CEO's safety and health duties. For this study, a comparative analysis was conducted in 3 steps. In step 1, similar overseas systems were investigated. In step 2, the system contents were classified into four viewpoints (DUTY, RESOURCE, Other factors, and Main contents), and comparison items were derived from each viewpoint. In step 3, the viewpoints were compared, and implications were derived. The following three implications were derived through comparative analyses. 1) In WSHD, additional explanation and calibration of measures clarify the CEO's role, and 2) It is easy to use for the CEO's duties by providing the resources directly. 3) Penalties for violating the proposed duties are entrusted to the existing higher-level laws. Considering this, providing detailed content and related information for the CEO would possibly improve the SAPA to fulfill his/her duties through announcements from related organizations in the future.

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
    • /
    • v.18 no.3
    • /
    • pp.470-477
    • /
    • 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.