인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
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 Occupational Safety and Health Act in Korea seems to have improved greatly, but there is still much room for improvement in terms of its systematic compatibility and content sophistication. Prompted by the awareness that putting right the system of the Occupational Safety and Health Act must take precedence over anything else to properly fulfill its purpose and nature and achieves its intended effect through enforcement, this thesis identifies main problems with the system of the Occupational Safety and Health Act and examines concrete improvement measures to address such problems. The main problems with the Occupational Safety and Health Act and improvements that should be made to address those problems can be summed up as follows: First, there are not a few matters on which the Occupational Safety and Health Act currently in force should, but does not provide a sufficient legal basis. The Act should be amended to regulate those matters, thereby clearly showing its legislative direction and providing proper standards for its enforcement and interpretation. Second, some penal provisions of the current Occupational Safety and Health Act impose a civil penalty without taking into account the nature of offences and the effectiveness of punishment. Given the importance of those appropriate provisions, the type of punishment imposed by them should be changed from civil penalties to criminal penalties to boost the effectiveness of punishment. Third, provisions which do not suit the purpose of the Occupational Safety and Health Act should be revised to meet its purpose. Fourth, according to the spirit of the Occupational Safety and Health Act, which is to devise the most appropriate measure and apply it to the most adequate person, any capacity gaps of duty-bearers under the Act should be filled by establishing secondary duty-bearers. Fifth, provisions lacking legal logic should be modified to make them more consistent with legal principles and actually effective.
#벌칙
#형벌
#criminal penalties
#duty-bearers
#법리
#산업안전보건법
#과태료
#civil penalties
#법적 논리
#의무주체
#legal principles
#legal logic
#Occupational Safety and Health Act
#penal provisions
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목차
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참고문헌
참고문헌 신청최근 본 자료
UCI(KEPA) : I410-ECN-0101-2019-360-001216064
