• Title/Summary/Keyword: Act on the Punishment

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A Study on the Safety and Health Management System Improvement Plan According to the Implementation of the Serious Accident Punishment Act - Focused on H Construction Company (중대재해처벌법 시행에 따른 안전보건경영시스템 개선방안 연구)

  • Choi, Kwang-Eun
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2023.11a
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    • pp.155-156
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    • 2023
  • 중대재해처벌법 시행에 따른 건설사 안전 관리 시스템 개선 방안을 제시한다. 연구방법: H 건설사에서 이행 중인 중대 재해처벌 법 대응 방안에 대한 안전보건관리체계를 안전보건진단을 통해 실무중심의 재해 예방활동의 효과를 분석하였다. 연구결과: 중대재해처벌법과 안전보건경영시스템의 연계로 재해율 감소 효과 및 안전보건경영 체계의 고도화 등이 분석되었고 중대재해처벌법 시행 전·후의 안전 활동 종합결과 분석을 통한 안전보건경영시스템 개선방안을 제시하였다. 결론: 중대재해처벌법 시행에 따른 사업주의 의식 개선, 재해예방을 위한 투자 확대, 재해예방활동의 정량화 등을 통한 실질적인 성과측정의 효과가 발현되었다.

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A Study of Major Issues in the Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc. (의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률(안)의 주요 쟁점에 관한 고찰)

  • Park, Joon-Su
    • The Korean Journal of Health Service Management
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    • v.4 no.2
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    • pp.107-117
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    • 2010
  • In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

Shift of the Safety Consciousness of Construction Superintendents due to Enforcement of the Serious Accidents Punishment Act (중대재해처벌법 시행에 따른 건설공사 관리감독자의 안전의식 변화에 대한 연구)

  • Young Ju Kim;Sung Woo Shin
    • Journal of the Korean Society of Safety
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    • v.39 no.3
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    • pp.27-35
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    • 2024
  • There are ongoing debates on the effectiveness of the Serious Accidents Punishment Act (SAPA) on ensuring safety management and accident prevention, as the annual number of fatal injuries did not decrease even after its enforcement. However, for right appraisal of the effectiveness of SAPA, it must not only be rated based on direct outcomes such as the number of fatal injuries, but also on the indirect effects related to the improvement of the safety management of firms or organizations. A construction superintendent is one of crucial persons who ensure worker safety in construction sites. They must have a high safety consciousness for effective and appropriate safety management in construction sites. In this, the impact of the enforcement of SAPA on the safety consciousness of the construction superintendents is investigated to add a new dimension in the appraisal of the effectiveness of SAPA. DAGMAR-based safety consciousness assessment model is used to measure four safety consciousness components, i.e. awareness, comprehension, conviction, and action. Three hundred and five responses obtained from a survey conducted among construction superintendents are used to analyze the shift of the safety consciousness of the construction superintendents due to the enforcement of SAPA. The results reveal that awareness and comprehension components significantly improved after the SAPA enforcement. Conversely, conviction and action components slightly improved. They also reveal that the changes are more significant for construction superintendents affiliated to principal contractors, compared to those affiliated to subcontractors.

Relationship Analysis of the Factors for Safety and Health Management System Stipulated in the Serious Disaster Punishment Act with Accident Statistics of Construction Industry (중대재해처벌법의 안전보건관리체계 구축 요인과 건설업 사고지표의 연관성 분석)

  • Kim, Pan Ki;Chae, Hee Yoon;Kim, Seong Il;Jung, Kihyo
    • Journal of the Korean Society of Safety
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    • v.37 no.4
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    • pp.44-50
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    • 2022
  • This study examines the relationship between safety factors and health management systems based on accident statistics in the construction industry stipulated in the Serious Disaster Punishment Act. To determine the level of safety achieved by companies through their health management system, the top 1000 construction firms in the country were surveyed online. Four hundred sixty companies responded to the survey by providing their statistics on major accidents (mortality, accidental mortality, and injury rates). Statistical tests showed that companies with a team dedicated to the oversight of safety and health management had fewer accidents than those without one. Factor and regression analyses revealed that three factors affected the mortality and accident rates: safety and health plan, safety and health professionals, and safety and health activities. Moreover, two factors significantly influenced the injury rate: safety management supported by a cooperative company and implementation of on-site safety and health activities. The findings of this study can be used as a fundamental reference for further research and consultation on the formulation of safety and health management systems for construction companies.

Analysis of Perception Differences between Construction Workers and Managers Implementing for the Severe Accident Punishment Act: Focused on Measures to Improve Safety Management Effectiveness (중대재해처벌법 시행에 따른 건설현장 근로자와 관리자의 인식차 분석: 안전관리 실효성 향상 방안을 중심으로)

  • Jae-Hwan Cho;Sung Hak Chung
    • Journal of the Korea Safety Management & Science
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    • v.26 no.1
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    • pp.75-89
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    • 2024
  • The objective of this study was to conduct research and analysis using Group Focus Interview to survey the between construction site workers and managers implementing for the Severe Accident Punishment Act. Focused on measures to improve safety management effectiveness for the effectiveness of establishing a safety management system. A plan to improve the efficient safety management system was presented to 50 construction industrial managers and workers. In order to ensure the industrial accident prevention policies appropriately, it is necessary to be aware of safety obligations for workers as well as business operators. In addition, despite the existence of a commentary on the Serious Accident Punishment Act, confusion in the field still persists, so in the event of a major accidents, the obligation to take safety and health education is strengthened, and effective case education is proposed by teaching actual accident cases suitable for actual working sites. It is necessary to make all training mandatory, and it is necessary to reconsider awareness through writing a daily safety log, awareness of risk factors, etc., and writing down risk information. Above all, at the construction ordering stage, it is necessary to keep the construction safety, request corrections and supplements for problems issues that arise, and consult between the orderer and the construction company about the problems issues. Rather than having only the construction company correct or supplement the safety management plan, the contents should be shared with supervisors and workers to establish a more practical solution. Results of this study will contribute to improving the effectiveness of the serious accident and construction safety management system.

A Study on the Revision of Serious Accident Punishment Act for Serious Civil Accidents (중대시민재해에 대한 중대재해처벌법 개정방향 연구)

  • Kim, Jung Gon;Park, Mi Sook;Kim, Do Hyoung;Lee, Jae Hoo;Kim, Tae Hwan
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.393-395
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    • 2022
  • 중대재해처벌법이 도입되었으나 여전히 실무적으로 정착되고 있지 못한 실정이다. 이에 공무원과 공공기관 652명의 실무자들을 대상으로 중대시민재해 관련 실무상의 애로사항과 중대재해처벌법의 개정방향에 대하여 설문조사를 실시하였다. 그 결과 다양한 애로사항의 상당부분은 관련 기준이 부재하여 발생하고 있었으며, 중대재해처벌법 개정방향도 높은 비율로 의무사항을 준수하기 위한 구제적인 기준 제시가 필요한 것으로 조사되었다. 그러므로 구체적인 기준제시를 위하여 시행령 개정과 함께 관계부처가 발간한 중대재해처벌법 해설서를 개정 및 보완할 필요가 있다.

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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.

A Study on Risk Assessment of Container Terminals and Application of Industrial Safety AI Chatbot Technology (컨테이너 터미널의 위험성평가 및 산업안전 AI 챗봇기술 적용방안 연구)

  • Hwi Jin Kang;Sang Jun Han
    • Journal of Korean Society of Disaster and Security
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    • v.15 no.4
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    • pp.57-69
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    • 2022
  • During the 10 years from 2011 to 2021, a whopping 2,800 people were killed or injured during port work. Among them, the frequency of occurrence at the port loading and unloading business is high. Container terminal operators must conduct risk assessments and establish reasonable safety measures in accordance with laws and regulations. As a research method, the contents of risk assessment presented in the Industrial Safety and Health Act, the Serious Accident Punishment Act, and the Special Act on Port Safety are presented through literature analysis. In this study, previous studies were analyzed to examine the risk assessment method and risk factors of container terminals. The purpose is to present 'industrial safety AI chatbot technology' that can improve the risk of safety accidents.

A Study on tne Necessity of Using ESG to Prevent Accidents in the Chemical Industry (화학산업 사고 예방을 위한 ESG 활용 필요성 연구)

  • Cheolhee Yoon;Leesu Kim;Seungho Jung;Keun-won Lee
    • Journal of the Society of Disaster Information
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    • v.19 no.4
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    • pp.826-833
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    • 2023
  • Purpose: We suggest the need to utilize ESG in the safety field to prevent serious industrial accidents. Method: The Serious Accident Punishment Act, a strong serious accident prevention system, was reviewed through a review of previous research. And through comparative analysis of serious accident data from the United States and Korea, the main causes of accidents in the domestic chemical industry were derived. Result: It was determined that there was a need to induce voluntary safety management by companies through ESG management along with the Serious Accident Punishment Act, which aims to prevent corporate accidents. Through statistical analysis of accident data, it was confirmed that the scale of damage and number of deaths in domestic accidents was greater than in the United States. The reason was interpreted to be that there are many accidents caused by human causes in the country. Conclusion: In order to compensate for the lack of voluntariness in corporate safety management as well as the Serious Accident Punishment Act and encourage active safety management, the proportion of 'ESG safety evaluation' must be expanded. By using ESG as an indirect social sanction, we can expect companies to voluntarily and actively manage safety and expand safety investments in the safety field.

A Review about the Penal Provision relating False and Exaggerated Advertising.Indication of the Special Law - Centering on the area of Health.Medical.Biotechnology - (특별법상 허위.과장광고 및 표시에 관한 형사처벌 조항에 대한 검토 -보건의료 및 생명공학분야를 중심으로-)

  • Shim, Young Joo
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.165-181
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    • 2014
  • Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

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