인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
The Industrial Safety and Health Law is to establish the standards of industrial safety and health, to clarify who is responsible, to ensure the employee’s security and health for o preventing the industrial accidents by giving the employers duties to observe this law, supervising their observance, and imposing the penalty on their breaching the rules. For the Industrial Safety and Health Law is the law in principle to protect the employees from industrial accidents, it gives the duties to employers that make the employment contract with the employee in principle. So it can’t give the duties to the contractors.
By the way, Industrial accidents occur a lot within the business of subcontractor because it is a small-scale. For protecting the employees from industrial accidents, the Industrial Safety and Health Law have the rules to give subcontractor the duties. Considering the economic system of capitalism, it can’t give the duties to subcontractor.
If we try to find the methods to do so, the Industrial Safety and Health Law must have the legal nature as the social security law that allows people to perform the duties imposed on them in force. In a further explanation, the social security law has three types of law: social insurance law, public assistance law and social service law. The ideal of social insurance law is based largely on the social solidarity that means the mutual aid.
For mutual aid, the fund is needed. The fund is raised by members’ contribution in social insurance law that is called the principle of insurance. In addition to the principle of insurance, the act that aides each other is to realize the social solidarity as well. If the contractor helps the subcontractor, that is to do so.
In Constitution law, there is the rule of social security right that contains the 6 articles. One of them is to protect people from diverse accidents. The Industrial Safety and Health Law exists for realizing this rule considered as the social security right. So it has the legal nature of social security law.
Therefore, the rules to force the contractor to help the subcontractor can come into existence in the Industrial Safety and Health Law.
By the way, Industrial accidents occur a lot within the business of subcontractor because it is a small-scale. For protecting the employees from industrial accidents, the Industrial Safety and Health Law have the rules to give subcontractor the duties. Considering the economic system of capitalism, it can’t give the duties to subcontractor.
If we try to find the methods to do so, the Industrial Safety and Health Law must have the legal nature as the social security law that allows people to perform the duties imposed on them in force. In a further explanation, the social security law has three types of law: social insurance law, public assistance law and social service law. The ideal of social insurance law is based largely on the social solidarity that means the mutual aid.
For mutual aid, the fund is needed. The fund is raised by members’ contribution in social insurance law that is called the principle of insurance. In addition to the principle of insurance, the act that aides each other is to realize the social solidarity as well. If the contractor helps the subcontractor, that is to do so.
In Constitution law, there is the rule of social security right that contains the 6 articles. One of them is to protect people from diverse accidents. The Industrial Safety and Health Law exists for realizing this rule considered as the social security right. So it has the legal nature of social security law.
Therefore, the rules to force the contractor to help the subcontractor can come into existence in the Industrial Safety and Health Law.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2017-336-000983942