중대재해처벌법 양벌규정의 합헌적 해석

류호연 한국법제연구원 2025 법제연구 Vol.- No.68

양벌규정이란 위법행위에 대하여 행위자를 처벌하는 외에 그 업무 주체인 법인이나 개인을 함께 처벌하는 규정을 말한다. 그런데 다수의 양벌규정이 법인이나 개인에 대해 아무런 면책사유를 규정하지 않음으로써 법인 또는 개인에게 고의나 과실이 없음에도 불구하고 형벌이 부과되는 현상이 나타난 바 있다. 이에 양벌규정이 헌법상의 원칙인 책임주의에 반하는 위헌적인 규정이라는 비판이 제기되었고, 헌법재판소는 2007. 11. 29. 선고 2005헌가10 결정에서 심판대상 양벌규정에 대해 책임주의 원칙을 설시하면서 위헌결정을 내린 바 있다. 그리고 2009년에도 책임주의 원칙에 입각하여 양벌규정에 대한 위헌결정이 다수 내려짐으로써 양벌규정 면책조항의 법제화가 이루어졌다. 중대재해처벌법의 양벌규정을 법인에게 적용할 경우 책임주의 원칙에 충실하도록 법인의 고의·과실 여부가 면책의 판단기준이 되는 것이 헌법재판소 결정 취지에 부합하는 합헌적 해석이다. 법인은 기관을 통하여 행위하므로 법인이 대표자를 선임한 이상 그의 행위로 인한 법률효과는 법인에게 귀속되어야 하며, 법인 대표자의 범죄행위에 대하여는 법인 자신이 책임을 져야 한다. 따라서 중대재해처벌법 양벌규정의 면책조항 해석 시 주의·감독의무의 주체는 그 존재가 불분명한 경영책임자 등의 상위감독자가 아닌, 경영책임자 등이 소속된 법인 또는 기관 자체가 되며, 주의·감독의 정도 역시 법인 또는 기관을 기준으로 판단되어야 한다. The concept of vicarious liability involves holding not only the direct offender accountable but also penalizing the entity or person overseeing the context in which the wrongful act occurred. Nevertheless, there has been a trend where various vicarious liability statutes do not offer exceptions for responsible parties, resulting in corporations or individuals facing sanctions even without fault or intent. This has sparked concerns about the constitutionality of such provisions, with critics arguing that they breach the constitutional principle that liability must be based on fault. In 2007, the Constitutional Court recognized this issue and declared a vicarious liability clause unconstitutional, affirming the necessity of the principle of fault-based responsibility in such cases. Later, in 2009, further rulings followed this rationale, invalidating several similar provisions and prompting legislative action to incorporate exemption clauses into vicarious liability regulations. Considering the rationale of the Constitutional Court decisions, when applying the vicarious liability provision of the Serious Accidents Punishment Act to corporations, the principle of responsibility should be adhered to, and whether the corporation acted intentionally or negligently should be the criterion for exemption. Once a corporation appoints a representative, the legal effects of their actions should be attributed to the corporation, and the corporation itself should bear responsibility for the criminal acts of its representative. Therefore, when interpreting the exemption clause in the vicarious liability provisions of the Serious Accident Punishment Act, the subject of the duty of caution and supervision is not the upper-level supervisor of the management manager, whose existence is unclear, but the corporation or institution to which the business manager belongs, and the degree of caution and supervision is determined. It must also be judged based on the corporation or institution.

스테인리스-알루미늄 클래드 강판재의 원형컵 온간 성형성 연구

류호연,김영은,김종호,Ryu, Ho-Yeon,Kim, Yeong-Eun,Kim, Jong-Ho 대한기계학회 2000 大韓機械學會論文集A Vol.24 No.1

Warm, forming technique which is one of the new forming technologies to improve formability of sheet metal is applied to the cylindrical cup drawing of stainless-aluminum. clad sheets. In experiments the temperature of die and blank holder is varied from room temperature to 18$0^{\circ}C$, while the punch is cooled by circulation of coolant to increase the fracture strength of workpiece on the punch corner area. Test materials chosen for experiments are STS304-A1050-STS304, STS304-A1050-STS430 clad sheets and A1050-0 aluminum sheet. Teflon film as a lubricant is used on both sides of a workpiece. The limit drawing ratio as well as quality of drawn cups(distribution of thickness and hardness)are investigated and validity of warm drawing process is also discussed.

프로세스 모델링과 시뮬레이션을 통한 소프트웨어 프로세스 개선

류호연,백종문 한국정보처리학회 2007 정보처리학회지 Vol.14 No.6

제정 노동법의 한국적 특성

류호연 서울대학교노동법연구회 2024 노동법연구 Vol.0 No.56

In the enacted labor law, there is a provision that reflects Korean characteristics, which is the passive requirement of labor unions not allowing membership of non-workers first. This is a uniquely Korean characteristic that makes it difficult to find comparable cases in comparative law, reflecting legislative concerns about external political interference and the potential politicization of labor unions. This provision is now continued in Article 2, (4) (d) of the current ‘Labor Union and Labor Relations Adjustment Act’, and depending on the interpretation direction of this, the result of infringing on the collective bargaining rights of labor providers may occur regardless of legislative intent. Legislatively, if it does not infringe upon the autonomy of labor unions, the question of whether non-workers can join should be decided internally within the labor union. Therefore, this provision, which has restricted workers' collective bargaining rights contrary to legislative intent, should be deleted. Furthermore, the provisions addressing unfair labor practices and the duty to bargain in good faith within the enacted labor union law reveal a distinctly Korean approach. At that time, legislators in the National Assembly rejected unfair labor practices by labor unions stipulated in the Taft-Hartley Act and, separately from the system of unfair labor practices by employers, designed the duty to bargain in good faith based on the principle of labor-management cooperation. Consequently, Article 30, (2) of the current ‘Labor Union and Labor Relations Adjustment Act’ can be understood not as a type of unfair labor practice but as a separate obligation system that strengthens the rights of workers and promotes collective bargaining. On the one hand, the dismissal restriction provisions of the Labor Standards Act were adopted into our society without prior preparation by the actor involved. However, as a result, the legislation on dismissal restriction, which was not commonly found in comparative law at the time, could manifest in the enacted labor law. The provision allowing the Labor Relations Commission to adjudicate individual labor disputes in the enacted Labor Standards Act is related to the overwhelming prevalence of unfair dismissal cases compared to cases of labor dispute resolution in the current Labor Relations Commission in our country. Additionally, the employment regulations of the Labor Standards Act appear to have had a protective nature for early industrial workers, and the absence of a defined period for the criteria when inserting the standard clauses in holiday regulations is presumed to be a legislative oversight, necessitating legislative improvements to rectify this aspect. Korean labor law has shown that the social and ideological factors of the Blain/Gennard equation influenced legislation during the turbulent times of the US military government period, division between North and South Korea, left-right confrontation, the Korean War, and the Busan textile dispute. At that time, due to the inadequate system operating the country in its early days, legislation was influenced by individual personalities, so the actor factor played a significant role in enacting labor law. These factors contributed to the Korean characteristics of the enacted labor law, which continue to have an impact today through current legislation.

복잡한 자료 구조를 지니는 프로그램 슬라이싱

류호연,박중양,박재흥,Ryu, Ho-Yeon,Park, Joong-Yang,Park, Jae-Heung 한국정보처리학회 2003 정보처리학회논문지D Vol.10 No.6

Program slicing is s method to extract the statements from the program which have an influence on the value of a variable at a paricular point of the program. Program slicing is applied for many applications, such as program degugging, program testing, program integration, parallel program execution, software metrics, reverse engineering, and software maintenance, etc. This paper is the study to create the exact slice in the presence of Object Reference State Graph to generate more exactly static analysis information of objects in the program of the presence of complicated data structure. 프로그램 슬라이싱은 프로그램의 특정 지점에 나타난 변수의 값에 영향을 미치는 문장들을 프로그램으로부터 추출하는 방법이다. 프로그램 슬라이싱은 프로그램 디버깅, 프로그램 테스팅, 프로그램 통합, 병렬 프로그램 실행, 소프트웨어 메트릭스, 역공학, 유지보수 등 여러 응용 분야에 적용할 수 있다. 본 논문에서는 포인터 변수, 포인터 변수가 참조하는 객체, 배열, 구조체가 같은 복잡한 자료구조가 나타나는 프로그램에서 정확한 슬라이스를 추가하기 위한 알고리즘을 제안한다. 복잡한 자료구조가 나타나는 프로그램 상에서 객체의 보다 더 정확한 정적 분석 정보를 생성하기 위해 객체 참조상태 그래프를 제안하고, 그 효율성을 보였다.

미군정기 노동법에 관한 연구

류호연 한국노동법학회 2025 노동법학 Vol.- No.93

After Korea's liberation in 1945, the U.S. military government implemented a legal system based on ordinances promulgated by the U.S. military. In December 1946, the South Korean Interim Legislative Assembly, composed of Koreans, enacted its own laws. Ordinance No. 97, for instance, was enacted based on the recommendations of the SCAP Labor Advisory Commission led by Paul L. Stanchfield and the implementation of the U.S. military government's middle-of-the-road policy after the collapse of the first U.S.A.-U.S.S.R. Joint Committee. The Minors Labor Protection Act, the first legislation of its kind in Korea, was also enacted by the South Korean Interim Legislative Assembly through serious deliberations among legislators. Furthermore, the U.S. military government's National Labor Council prepared labor relations laws such as the Trade Union and Industrial Relations Law, the Trade Union Registration Act, the Labor Disputes Settlement Act, and the Employment Relations Act. These laws had similar subjects and scope as the enacted labor law, and there were similarities or identical provisions between the laws governing collective labor relations during the U.S. military government period and the subsequent labor union and labor dispute mediation laws. The personnel composition of the U.S. military government was seamlessly carried over to the Korean government. The core difference from Japanese labor law lay in the management and control of labor unions, suggesting that the labor bills attempted during the U.S. military government period influenced the enactment of Korea's collective labor relations laws. The achievements mentioned were made possible by the efforts of labor experts within the U.S. Military Government in Korea. The Korean Subcommittee of the Labor Advisory Committee, led by Paul L. Stanchfield, played a significant role in the enactment of progressive labor legislation for its time by providing specific and practical advice and recommendations on the labor policies and laws of the U.S. Military Government. Labor Advisor Stewart Meacham conducted an in-depth and empirical analysis of Korea's labor conditions and labor laws, issuing a critical report on the U.S. Military Government that garnered attention in the United States. After the establishment of the Ministry of Labor, the National Labor Council was deeply involved in drafting labor legislation. The labor laws that were enacted or prepared based on the analyses of these experts had an impact on the Labor Law enacted in 1953, and the basic framework of this law continues to influence current labor law. Therefore, the labor laws of the U.S. Military Government period hold great significance in the history of legislation.

제정 노동법과 현행 노동법의 비교연구와 그 의미

류호연 국회입법조사처 2024 입법과 정책 Vol.16 No.2

When compared to the enacted labor laws, the current labor law can be confirmed to have undergone significant revisions in the context of economic crises and social dialogue. Understanding the legislative background of the enacted labor laws contributes as a historical interpretation, supplementing the interpretation of the current labor laws, and furthermore, can serve as important reference material for future revisions of labor laws. This possibility can be found not only in labor laws but also in other domestic laws, emphasizing the importance of comparative law research not only between domestic and foreign laws but also from a comprehensive perspective within domestic laws. Korea shares many historical experiences with other Asian countries in the 20th century, such as colonial rule, military occupation, civil war, authoritarian rule, and economic crises. Moreover, it also shares legal cultures with other Asian countries, including traditional legal ideologies represented by Confucianism, informal regulatory systems, such as the entanglement of politics and economics, and internal workplace regulations that do not adhere to labor standards. The sharing of such historical and cultural experiences can serve as a source of inspiration for the labor laws of other Asian countries, implying the potential for Korean labor law to play a crucial role as a significant foundation in shaping the labor legal systems of Asian nations, distinct from ILO agreements. While previous comparative law studies focused on the “import potential” of our legal system through research on Western legal systems, it is now time to explore the “export potential” of our legal system to other Asian countries through a comprehensive perspective of comparative law research.

1960·70년대 사회보장심의위원회의 입법활동

류호연(柳浩然) 서울대 사회보장법연구회 2021 사회보장법연구 Vol.10 No.2

스테인레스-알루미늄 클래드 강판재의 프레스 온간 성형 연구

류호연(H.Y. Ryu),박건규(G.G. Park),김종호(J.H. Kim) 한국소성가공학회 1998 금형가공 심포지엄 Vol.1998 No.11

알루미늄 합금박판 비등온 성형공정의 유한요소해석 및 실험적 연구 (제1부. 실험)

류호연(H. Y. Ryu),배원택(W. T. Bae),김종호(J. H. Kim),김성민(S. M. Kim),구본영(B. Y. Goo),금영탁(Y. T. Keum) 한국소성가공학회 1998 한국소성가공학회 학술대회 논문집 Vol.1998 No.5