• Title/Summary/Keyword: Serious Accidents Punishment Act

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

  • Lee, Byoung-Lim;Choi, Jae-Wook
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.79-80
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    • 2022
  • 중대재해처벌법(이하 "동법" 병기) 시행 전후로 동법에 대응하기 위한 정부 지원과 학계 연구는 많이 진행되어 왔으나, 대부분은 사전 예방에 치중되어 재해 발생 이후 기업 운영상의 리스크 관리나 피해경감 등을 위한 연구가 부족하였다. 중대재해를 줄이기 위해서는 사전 예방이 우선이지만 재발방지 및 추가 피해 최소화 노력도 뒤따라야 한다. 따라서, 본 논문에서는 재난 및 업무중단성 사고에 대하여 예방, 대비, 대응 및 복구활동에 필요한 문서화된 관리체계를 규정하고 있는 재해경감활동관리체계(이하 "동 체계" 병기)를 활용하여 중대재해처벌법을 준수할 수 있는 방안을 연구하였다.

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School Zone Automobile Accidents in Republic of Korea: Comparative Law Analysis on Criminal Responsibility of the Driver

  • Byung-Woon Lyou
    • Journal of Auto-vehicle Safety Association
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    • v.15 no.3
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    • pp.7-16
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    • 2023
  • In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.

Correlation between the Change in the Level of Safety Culture of Enterprises and the Accident Rate: Case Study of Company P (기업의 안전문화 수준변화와 재해율과의 상관관계: P사 사례연구)

  • Jin-Hong, Park;Heung-Sik, Woo
    • Journal of the Korea Safety Management & Science
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    • v.24 no.4
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    • pp.33-39
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    • 2022
  • Safety has once again emerged as a social issue due to the enforcement of the Serious Disasters Punishment Act and the occurrence of major disasters recently. As such, the safety culture related to unsafe human behavior is drawing attention as various discussions about the importance of safety and accident prevention are currently being undertaken. This study aims to determine whether changes in the level of safety culture in companies affect the accident rate. To this end, we targeted three workplaces in the same company in the domestic manufacturing industry, and 2,790 people were surveyed using DNV's Safety Will(ISRS-C version 4.0) for safety culture level diagnosis. The change in safety culture level and accident rate were compared and analyzed after carrying out safety culture level improvement activities for 5 years. As a result, the level of safety culture increased by 5.8 points, an overall improvement of 9.5%, while the total number of accidents decreased by 20%, from 5 to 4, indicating a general decreasing trend in accident occurrence. Results confirmed that the change in the level of safety culture affects the accident rate, and the improvement in the level of safety culture affects a reduction in accidents. Therefore, this study suggests that efforts to improve the level of safety culture within a company can be associated with accident reduction and accident prevention outcomes.

A Consideration of Perception on Enforcement of Serious Accident Punishment Act(SAPA) among the Workers in the Nuclear Medicine Department (중대재해처벌법 시행에 따른 핵의학 종사자의 인식 고찰)

  • Lee, Joo-Young
    • Journal of the Korean Society of Radiology
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    • v.16 no.4
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    • pp.477-490
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    • 2022
  • Serious Accident Punishment Act(SAPA) went into effect as of Jan. 27, 2022. The subject of study was the worker of the nuclear medicine department and the investigation was aimed at identifying the present situation of their understanding on the issue in the here and now, which can be utilized as basic research for further study. The survey was conducted on 51 people of the worker in the nuclear medicine department. The general factors were classified by their gender, the scale of the hospitals, the period of career, and the detailed occupational categories. The conclusion was drawn, including 1 missing data in gender and 2 in the type of occupation. The targeted hospitals were tertiary hospital, university hospital, and general hospital which have nuclear medicine department in. The period of subjects' career was categorized by less than 3 years, 3 to 5 years, 5 to 10 years, and more than 10 years. The specific occupation was classified by in-vivo radiological technologist, radiation safety manager and others. The amount of pressure that the job entails was highest in the category of general hospital, the period of 3 to 5 years of job experience, and radiation safety manager each. The system of the code was well constructed in the category of general hospital, the period of less than 3-year career, and radiation safety manager, as they responded. The blood transmissible disease had the largest number of outbreak of accidents related to the serious industrial accident. In addition, the radiopharmaceutical dosing error had the highest number of outbreak of accidents related to the serious civil accident. Therefore, we need to improve SAPA, facility inspection, security of budget, security of professional manpower. It will help the stable use of radiation and ensure patient safety.

The Role of Safety Management Professional Organizations through Industrial Accident Analysis (산업재해분석을 통한 안전관리전문기관의 역할)

  • Deuk-Hwan Kim;Sun-Jae Hwang;Dae-Jin Jo;Jun-Won Lee
    • Journal of the Korea Safety Management & Science
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    • v.25 no.2
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    • pp.71-83
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    • 2023
  • Since last year, the government has enforced the 'Act on the Punishment of Severe Accidents, Etc.' (hereafter referred to as the 'Serious Accident Punishment Act'), which punishes business owners and business managers who fail to fulfill their duty of safety measures with 'imprisonment of one year or more' and the Occupational Safety and Health Act. Based on this, various occupational safety and health policies were developed, including the operation of a system related to entrusting the work of safety managers. Despite these efforts, the effect of implementing the Severe Accident Punishment Act is a groundbreaking change in the current disaster prevention policy, which has increased by 0.02%P and 0.03‱P, respectively, from the previous year to 0.65% of the total accident rate and 1.10‱ of the death rate per 10,000 people as of 2022. As the need emerged, attention was paid to 'collaboration and governance with safety management institutions' in the 'Severe Disaster Reduction Roadmap' announced by the Ministry of Employment and Labor in November 2022. In this study, a meaningful result was derived by comparing and analyzing the industrial accident status of workplaces entrusted by "A" safety management institutions with the national average based on the industrial accident survey table, and the types of industrial accidents that occurred in consigned workplaces were selected as intensive management targets. The policy direction for industrial accident prevention was established. It is necessary to develop safety management work manuals based on the results of this study, expertise, discover best cases of risk assessment and develop guides, and educate and train consigned workers. In addition, it suggests that the government's guidance and supervision are needed to advance the professionalism of safety management entrusted tasks, and that safety management institutions should strengthen their roles and functions for preventing and reducing industrial accidents. However, due to difficulties in disclosing information of specialized safety management institutions, the limitation of the provision, collection, and viewing of research-related data to "A" specialized safety management institutions remains a limitation of the research. It seems likely that more thorough research will be conducted.

A Study on the Tug's Minimum Manning Levels (예인선의 최저승무기준에 관한 고찰)

  • Chong, Dae-Yul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.83-90
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    • 2022
  • About 90.5 % of barge-towing tugs weigh less than 200 gross tonnage and most are served by the master alone. They are also not subject to the regulations on the working hours and manning levels stipulated in the Seafarers' Act. Therefore, the master of barge-towing tugs cannot take sufficient rest during the navigational watch. Moreover, barge-towing tugs do not satisfy the human seaworthiness due to the inevitable performance of the navigational watch which must be alternately undertaken with an unqualified person, called the "Boatswain". Furthermore, there are many cases in which the master or owner of a tug fails to comply with the additionally required minimum manning levels stipulated in the Ship Of icers' Act when a tug tows a barge. This study reviews the following: (1) the regulations on the working hours and manning levels that are stipulated in the Seafarers' Act, (2) the regulations on the minimum manning levels for ship of icers of the tug's deck part that are stipulated in the Ship officers' Act, (3) marine accidents in the barge-towing tugs. As a result I suggested that one additional deck officer should be on board when a tug tows a barge through the revision of the minimum manning level for ship of icer on the deck part in order to prevent marine accidents of tugs effectively. Especially, the Act on the Punishment, etc. of the Serious Accident came into effect on January 27, 2022. If marine casualties occur continuously at sea due by the same cause, and the cause of such marine casualties would be turned out by the fatigue of the ship of icer caused by insufficient institutional arrangements, the administrator of competent Authorities of Maritime and Port could be punished, so it seems to prepare for it.

Analysis of Construction Accident Incident Using Latent Dirichlet Allocation-based Topic Modeling (잠재 디리클레 할당 기반 토픽 모델링을 통한 건설재해 사례 분석)

  • Kim, Changjae;Kim, Harim;Lee, Changsu;Cho, Hunhee
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2022.04a
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    • pp.31-32
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    • 2022
  • The construction industry has more safety accidents than other industries. Although there have been more attempts to reduce safety hazards in the industry such as the enforcement of the "Serious Accidents Punishment Act (SAPA)", construction accident has not been reduced enough. In this study, analysis of safety risk factors has been made through Latent Dirichlet Allocation (LDA)-based topic modeling. Risk analysis in construction site would be improved with natural language processing and topic modeling.

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A study on cargo shipment management system for coastal ships (항만시설 안전관리시스템 연계 운영 방안에 대한 연구)

  • Hoon Lee;Sung-Jin Choi
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2022.11a
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    • pp.305-306
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    • 2022
  • In accordance with the Act on Punishment of Serious Disasters, terminal operators are required to establish and operate a safety and health management system such as manpower and budget necessary for disaster prevention, and establish and implement measures to prevent recurrence in the event of a disaster. This is a study on how to use the port facility safety management system linkage to prevent safety accidents in port facilities due to the introduction of autonomous driving port equipment and to support decision-making promptly in case of safety accidents.

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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.

Implentation of a Model for Predicting the Distance between Hazardous Objects and Workers in the Workplace using YOLO-v4 (YOLO-v4를 활용한 작업장의 위험 객체와 작업자 간 거리 예측 모델의 구현)

  • Lee, Taejun;Cho, Minwoo;Kim, Hangil;Kim, Taekcheon;Jung, Heokyung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2021.10a
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    • pp.332-334
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    • 2021
  • As fatal accidents due to industrial accidents and deaths due to civil accidents were pointed out as social problems, the Act on Punishment of Serious Accidents Occurred in the Workplace was enacted to ensure the safety of citizens and to prevent serious accidents in advance. Effort is required. In this paper, we propose a distance prediction model in relation to the case where an operator is hit by heavy equipment such as a forklift. For the data, actual forklift trucks and workers roaming environments were directly captured by CCTV, and it was conducted based on the Euclidean distance. It is thought that it will be possible to learn YOLO-v4 by directly building a data-set at the industrial site, and then implement a model that predicts the distance and determines whether it is a dangerous situation, which can be used as basic data for a comprehensive risk situation judgment model.

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