• Title/Summary/Keyword: Serious disaster punishment act

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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.

A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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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.

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 Link between the Severe Accident Punishment Act and ISO 45001 of SMEs (중소기업의 「중대재해처벌법」과 ISO 45001의 연계방안 연구)

  • Woo, Sang-Sun
    • Journal of the Society of Disaster Information
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    • v.18 no.2
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    • pp.333-342
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    • 2022
  • Purpose: This study proposes a plan for linking the Severe Accident Punishment Act and the Occupational Health and Safety Management System so that SMEs can meet the requirements of the Severe Accident Punishment Act only by maintaining and implementing the Occupational Health and Safety Management System. Method: Conduct a theoretical approach, such as a literature review. First, as a theoretical approach, the safety and health management system of the Serious Accidents Punishment Act was examined, the requirements of ISO 45001 were analyzed, and the statistics of small and medium-sized enterprises (SMEs) from 5 to 49 to which the 2024 Serious Accidents Punishment Act was applied and the number of accident deaths were investigated. Result: No problems were found in linking with the Serious Accident Punishment Act when constructing Occupational health and safety management systems (ISO 45001). Conclusion: It is judged that the establishment of Occupational health and safety management systems (ISO 45001) and management of implementation performance will be able to satisfy the Act on the Punishment of Serious Disasters.

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 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 - H건설사 중심)

  • Kwang-eun Choi
    • Journal of the Society of Disaster Information
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    • v.19 no.2
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    • pp.372-382
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    • 2023
  • Purpose: Suggests measures to improve the construction company's safety management system according to the enforcement of the Severe Accident Punishment Act. Method: The effectiveness of practice-oriented disaster prevention activities was analyzed through safety and health diagnosis of the level of safety and health management system for the countermeasures against the Severe Accident Punishment Act implemented at the construction site and headquarters. Result: The effect of reducing the accident rate and the advancement of the safety and health management system were analyzed by linking the Severe Accident Punishment Act with the safety and health management system, and a plan to improve the safety and health management system was presented through the analysis of the comprehensive results of safety activities before and after the implementation of the Severe Accident Punishment Act. Conclusion: The effect of practical performance measurement was manifested through the improvement of business owners' awareness, the expansion of investment for disaster prevention, and the quantification of disaster prevention activities according to the enforcement of the Severe Accident Punishment Act.

Suggesting the Improvement Direction of the Severe Disaster Punishment Act through a Survey (설문조사를 통한 중대재해 처벌 법의 개선방향 제시)

  • Kim Junyoung;Son Kiyoung;Lee Jiyeop
    • Journal of the Korea Institute of Construction Safety
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    • v.5 no.1
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    • pp.25-30
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    • 2023
  • The Serious Disaster Punishment Act, which has been in effect since January 27, 2022, requires employers or management managers who neglect safety measures to be punished by imprisonment for more than one year in the event of a serious disaster. As this Act on the Punishment of Severe Disasters came into effect this year, it has received a lot of attention from society. According to experts, most of the opinions are that the bill was created focusing on increasing punishment for companies, contrary to the original purpose of the bill to reduce the safety accident rate. This study confirmed whether these contents were true through case studies, and if this continues, the conflict between companies and workers will intensify and the safety accident rate will not decrease. Therefore, this study does not unconditionally increase corporate punishment, but compares many situations through surveys and suggests a way for companies and workers to cooperate with the Critical Accident Punishment Act to reduce the safety accident rate.

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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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.