• Title/Summary/Keyword: Serious industrial punishment

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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.

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
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    • v.45 no.2
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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

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 Comparative Study ISO 45001 and the Safety and Health Management System under the Serious Accident Punishment Act (ISO 45001과 중대재해처벌법상 안전보건관리체계에 대한 비교 연구)

  • Young-Gwan, Kim;Jin-Woo, Jung
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.4
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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.

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
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    • v.51 no.4
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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.

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.

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
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    • v.5 no.1
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    • pp.17-24
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    • 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 Study on the Impact of Awareness Level on the Serious Accident Punishment Act on Safety Behavior - Focusing on Finished Car Sales and Logistics Workers - (중대재해처벌법에 대한 인식수준이 안전행동에 미치는 영향에 관한 연구 - 완성차 판매물류 종사자 중심으로 -)

  • Joon-Hyuk Jung;Myung-Hee Chang
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2023.11a
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    • pp.122-123
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    • 2023
  • About 1 year and 7 months have passed since the Serious Accident Punishment Act was implemented, and although many studies have been conducted on the definition and policy of the Act, almost no research has been conducted on its impact on the logistics industry. In particular, research on the PDI (PRS) process within finished vehicle logistics is severely lacking ‥‥‥. The government is expecting to expand the scope of punishment and upgrade the safety management system through the Serious Accident Punishment Act, but if you check the industrial accident data issued by the Ministry of Employment and Labor in 2022, the number and rate of industrial accidents will increase compared to 2021

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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.