• 한국산업보건학회지
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• 제31권4호
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• pp.417-426
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• 2021

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.

• 한국중재학회지:중재연구
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• 제33권2호
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• pp.23-52
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• 2023

In this thesis, the domestic and foreign legislative background and legislative process of the Serious Accident Punishment Act were reviewed, and the Serious Accident Punishment Act in Korea was reviewed. In 2022, more safety accidents occurred in the construction industry than in other fields, and in particular, the most deaths occurred in the 'fall' type. In April 2023, regarding two criminal first-instance trial cases, the courts all sentenced guilty, and in one case, the representative of the company(CEO) was sentenced to imprisonment and was arrested. In response, the management side expresses the opinion that the punishment is excessive and there is a concern that corporate management will shrink, while the workers side(Union) argues that the responsibility of the business operator or manager should be strengthened by heavier punishment. As a countermeasure to overcome rationally, we present a plan in terms of legislation and resolution process. In other words, we present a review of the amendment to the Serious Accident Punishment Act and the Court Organization Act. In addition, guidelines for the a safety and health system must be implemented, and if an accident occurs, it must be dealt with reasonably. As a result, safety accidents in the construction industry should drastically decrease and safety culture should be properly established.

• 한국산업보건학회지
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• 제32권4호
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• pp.393-401
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• 2022

Objectives: OHSMS, which was introduced by Serious Accident Punishment Act as a means for safety and health management at work place, but it is not effective according to recent statistical data. Therefore, I intend to compare the OHSMS regulations of SAPA based on ISO 45001, the international standard of OHSMS, and examine the differences and problems. Methods: The OHSMS regulation of Serious Accident Punishment Act was compared and analyzed using the content standard of ISO 45001, the international standard of OHSMS. The construction and operation aspects and differences in key concept definitions of OHSMS were analyzed in depth. Results: ISO 45001 aims to provide OHSMS with an autonomous framework to manage risks and opportunities in safety and health management, whereas Serious Accident Punishment Act aims for safety and health management through an interest and effort in safety and health management on the premise of legal responsibilities of corporations and CEO. As a result, comparing to ISO 45001 in construction and operation aspects and differences in key concept definitions of OHSMS, the OHSMS of Serious Accident Punishment Act do not cover the entire business in concept definition and construction. Conclusions: In order for Serious Accident Punishment Act to achieve its original purpose of preventing serious accidents through systemic safety and health management, it is necessary to correctly understand the contents of ISO 45001 and to revise the OHSMS regulations in a direction that can ensure predictability and feasibility.

• 한국재난정보학회 논문집
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• 제18권2호
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• pp.333-342
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• 2022

연구목적: 중소기업에서 「안전보건경영시스템」의 유지와 실행만으로 「중대재해처벌법」의 요구사항에 적합하도록 「중대재해처벌법」과 「안전보건경영시스템」연계방안을 제시하고자 한다. 연구방법: 문헌조사와 같이 이론적 접근을 수행한다. 먼저 이론적 접근으로 「중대재해처벌법」의 안전보건관리체계를 살펴보고, 「안전보건경영시스템」의 요구사항을 분석하였으며, 그리고 2024년 「중대재해처벌법」이 적용되는 5인 이상 49인까지의 중소기업의 통계와 사고 사망자수를 조사하였다. 연구결과: 「안전보건경영시스템 (ISO 45001)」요구사항과 「중대재해처벌법」의 안전보건관리체계의 연계하는데 문제점이 발견되지는 않았다. 결론: 「안전보건경영시스템」인증을 받기 위한 시스템 구축과 실행으로 「중대재해처벌법」의 안전보건관리체계의 요구사항을 충족할 수 있으리라고 판단된다.

• 문화기술의 융합
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• 제9권4호
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• pp.543-548
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• 2023

한국은 괄목할 만한 경제성장을 이루며 선진국 행렬에 들어섰지만 높은 산업재해 발생률로 인해 근로자의 안전이 위협받고 많은 재산 손실을 초래하는 문제점이 여전히 존재하고 있다. 산업재해 발생률을 낮추기 위해 2020년 4월 산업안전보건법을 전면 개정하며 안전관리를 강화하였지만, 사망재해자 수는 오히려 증가하였다. 이에 정부와 국회는 2022년 1월 중대재해 처벌 등에 관한 법률을 시행하였지만, 그 효과를 확인하지 못하고 있다. 이에 본 연구는 중대재해처벌법 시행 후 건설현장 근로자와 관리자의 안전의식에 어떤 영향을 주었는지 관계자 설문을 통해 분석하였고 안전관리를 개선할 수 있는 대책을 제시하였다.

• 산업경영시스템학회지
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• 제45권2호
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• pp.37-47
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• 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

• 대한안전경영과학회지
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• 제25권3호
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• pp.37-43
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• 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.

• 유통과학연구
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• 제21권6호
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• pp.31-38
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• 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

• 품질경영학회지
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• 제51권4호
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• pp.607-618
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• 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.

• 한국항해항만학회:학술대회논문집
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• 한국항해항만학회 2023년도 추계학술대회
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• pp.122-123
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• 2023

중대재해처벌법이 시행된 지 약 1년 7개월의 시간이 흐른 상황에서 해당법의 정의 및 정책적 연구는 다수 진행되었으나 물류산업 현장에 미치는 영향 연구는 거의 진행된 것이 없는 실정이다. 특히 완성차 물류 내 PDI(PRS) 공정에 대한 연구 자체도 턱없이 부족한 상황‥‥‥ (중략) ‥‥‥. 정부는 중대재해처벌법을 통해 처벌의 범위를 확대하고 안전관리 체계의 고도화를 기대하고 있으나 실제 2022년 고용노동부에서 발행한 산업재해 자료를 확인하면 2021년 대비 산업재해 건수 및 비율은 증가