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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국노동법학회 노동법학 노동법학 제23호
발행연도
2006.12
수록면
335 - 360 (26page)

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초록· 키워드

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The labor market in Korea centers on labor unions at individual corporations. Although the labor unions can include in their collective agreements provisions to improve workers' safety and health such as establishing an industrial safety and health committee, an honorary industrial safety supervisor, a workers' representative and a labor-management council thereby exercising direct influence on industrial safety and health, they do not currently engage in such activities. So, one way would be to force collective agreements to include such provisions. But if it is done through national legislation, it would infringe the autonomy of the agreements, which would result in a Tarifzensur. Therefore, bargainers should not be forced to include provisions on industrial safety and health in their collective agreements. So, the only way to invite more active participation of workers in industrial safety and health issues through agreements would be that the upper-level organizations would prepare guidelines for collective agreement to attract bargainers to include above provisions in their collective agreements or to appeal to the bargainers to include an industrial safety and health system to their agreement to prevent industrial accidents.
Even though many studies show that industrial safety and health committees have relatively large impact on industrial accidents prevention, many businesses do not have such committees in place. The committee shall be established at companies with 100 or more employees, and companies with 500 full time workers are obligated to establish labor management council. Companies with less than 500 employees, however, are permitted to substitute with a labor-management council, which is not an obligation. So the council does not play a real role in this aspect. Therefore, the provision that allows a labor-management council to substitute for an industrial safety and health committee should be eliminated, while an industrial safety and health committee should be established at businesses with 30 or more full time employees. Furthermpre, because activities, hindrances and achievements of industrial safety and health committees differ industry by industry, industrial safety and health committees should reflect the characteristics of each industry so that they can come up with their own operation models.
The above measure for improvement can be summarized as the following concerning the participation of workers in industrial safety measures.
ⅰ) When preparing or amending rules, a consent of the workers' representative shall be obtained on issues concerning industrial safety and health, which shall be the foundation to expand workers' participations in businesses with 10 or more full time employees. Businesses without industrial safety and health committees with more than 10 but less than 30 full time employees shall provide workers' representatives the same level and content as the right to collective determination under industrial safety and health committees.
ⅱ) Industrial safety and health committees shall be established in businesses with 30 or more full time employees, and, at the same time, an honorary industrial safety supervisor shall be hired to guarantee the participation of workers in industrial safety measures.
- Industrial safety and health committees shall reflect the characteristics of industries to have their own independent operation models.
- Industrial safety and health committees' rights to deliberation and resolution shall be enhanced to the level of collective determination on industrial safety and health measures in Germany.
- Nomination of an honorary industrial safety supervisor shall be an obligation, and an honorary industrial safety supervisor's work hours and status shall be guaranteed by law. An honorary industrial safety supervisor shall receive continued education and reflect the characteristics of industries. Moreover, an honorary industrial safety supervisor system shall reflect the characteristics of industries.

목차

Ⅰ. 들어가며
Ⅱ. 현행법상 산업안전보건에 대한 근로자 참여제도와 문제점
Ⅲ. 제도개선방안
Ⅳ. 결론
〈Abstract〉

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