일본 노동안전위생법의 개정 배경과 내용

이병운 한국비교노동법학회 2007 노동법논총 Vol.12 No.-

It is the 60th year that Japan has enacted labor standards act and industrial accident compensation insurance act. Also, since occupational safety and health act was enacted in Japan, thirty five years have passed. With the change of industrial structure and types of employment, individual labor law has developed in a variety of way. Accordingly, acts on industrial safety and health have undergone changes. Occupational safety and health act of Japan has developed to regulate hazardous articles and machines appearing in a developed society, to cover increasing industrial disasters such as occupational diseases, and to establish clear lines of policy on promotion of occupational safety and health and responsibility for industrial disasters in the complicated industrial relations. There have been extensive reforms to occupational circumstances such as health examination and education to set up a comprehensive heath system. Also, industrial accident compensation insurance act has been developed to correspond with the demand of the times since its enactment. It is estimated that the act resulted in the increasement of recipients, the promotion of types of benefit and standard, enlargement of the idea of insurance accident, the development of a rehabilitation industry. This is, it has a good reputation as a system to support injured workers and their family. However, this improved system can not solve all the legal problems. The problems on legal compensation of industrial safety and health and labor accident still remain as a problem to be solved. Occupational accidents have complicated relations not only with an industrial structure and labor management but with the right to labor, consciousness of the right, types of employment, life style of the family, and national finance. Furthermore, sharp increase of cancellation lawsuits of administrative measure and lawsuits for damages is leading to changing the role of related organization. Now, occupational safety and health act and industrial accident compensation insurance act should be estimated not only with the development of law as the demand of the times but with related laws and system. This study is to investigate background on revision of occupational safety and health act of Japan, preventive measures of health impairment by long-term labor, the duty of health care, the duty of a legal health examination and the effect of its violation.

안전 관련 주요 법제 특징 비교 : 산업안전보건법, 중대재해처벌법, 학교안전법\

김형태,황광선 한국비교정부학회 2024 한국비교정부학보 Vol.28 No.1

(Purpose) The aim of this study is to assist academia and civil society in understanding the surrounding laws through an analysis of significant safety legislation. (Design/methodology/approach) The study's focus will center on the Occupational Safety and Health Act, the Serious Accident Punishment Act, and the School Safety Act. (Findings) While the Occupational Safety and Health Act contains extensive and detailed content, the School Safety Act exhibits contradictory elements in its system and content, appearing notably deficient. Furthermore, its emphasis is primarily on compensation and the functioning of the School Safety Mutual Aid Association rather than on prevention-related content. Given the importance of school safety comparable to industrial safety, there is a pressing need to elevate the system and content of school safety legislation to the standards set by industrial safety legislation. To address this, a thorough comparative analysis was conducted between the School Safety Act and the Industrial Safety and Health Act. The analysis underscored the weak and lax nature of the prevention sector in the School Safety Act compared to the comprehensive prevention sector of the Industrial Safety and Health Act. It also revealed that the current legal system lacks an effective and systematic preventive policy on the level of industrial safety legislation concerning school safety. (Research implications or Originality) Therefore, as a strategy to prevent and decrease school safety accidents, there is a recommendation to actively adopt and adapt principles from industrial safety legislation such as the Occupational Safety and Health Act. This legislation explicitly outlines the responsibilities and roles of relevant entities in detail to effectively prevent industrial accidents.

중대재해 처벌 등에 관한 법률상 안전보건확보의무

장재형 서울지방변호사회 2024 변호사 Vol.56 No.-

In the past, when an industrial accident occurred, the most basic means of relieving damage were to be held liable for damages in a civil lawsuit or to be punished for criminal negligence resulting in manslaughter. However, in the case of occupational negligence causing death, in many cases, relatively light punishment such as probation or fines was given, considering that it was a negligent crime. With the revision of the Occupational Safety and Health Act in 2006, new regulations were introduced to impose heavy criminal punishment in cases where an employee's death occurs due to an employer's violation of safety and health measures, but in practice, it has been treated as a type of occupational manslaughter. Meanwhile, many efforts have been made to overcome the limitations of the doctrine of fault liability, which states that even if a worker suffers an industrial accident due to poor working conditions or work environment, it is difficult to receive compensation for damages if the employer cannot prove negligence. It is an industrial accident compensation system that allows users to receive a certain amount of compensation from the employer without requiring proof of negligence. This developed into an industrial accident compensation insurance system and contributed greatly to reducing blind spots in damage relief. However, there is a risk that the introduction of strict liability and compulsory insurance will cause a kind of moral hazard that causes employers to rely solely on industrial accident compensation insurance rather than making efforts to prevent industrial accidents. In fact, in the event of an industrial accident, there are many cases where the employer resolves the civil liability issue by paying an additional settlement amount after processing the industrial accident insurance 중대재해 처벌 등에 관한 법률상 안전보건확보의무 | 고흥215 and reaching a civil/criminal agreement, and then submits the matter to the criminal case investigation or trial process and is lightly punished. In this situation, the Serious Accident Punishment Act, enacted in 2021, imposed a duty to secure safety and health on business owners or responsible managing officers in order to prevent serious disasters and protect the lives and bodies of citizens and workers. It stipulates very heavy civil and criminal liability if a serious accident is caused by violating the duty to secure safety and health intentionally or through gross negligence. The duty to secure safety and health is a new concept that is different from the 'employer's duty to consider safety', which is understood as a duty related to an employment contract under the Civil Act and the Labor Act, or the 'employer's duty to take safety and health measures' stipulated in the Occupational Safety and Health Act. Imposing the duty to secure safety and health can be an opportunity to force management to actually devote more attention and effort to preventing industrial accidents. On the other hand, the duty to secure safety and health is abstract and general, so there is a risk that management will actually be held responsible for the results despite sufficient efforts to prevent disasters. In this article, we reviewed the concept, legal nature, implementation entity, main contents, effects of violation of the duty, and whether it complies with the principles of clarity and proportionality in relation to the duty to secure safety and health. From a legislative perspective, there is a need to more clearly define the duty of action that constitutes the duties to secure safety and health, and exclude from the list of duty of action those types of duty that are less clear and less likely to cause serious consequences. In addition, in line with the principle of 2023 변호사(제56집) 216 proportionality, there is a need to consider ways to diversify sanctions, such as subdividing criminal punishment regulations or introducing fines depending on the typ... 종래 산업재해 분야에서는 사용자 측의 과실을 전제로 하여 민사상 손해배상 책임이나 형사상 업무상과실치사상의 죄책을 지도록 하는 것이 피해 구제의 가장 기본적인수단이었다. 그런데, 업무상과실치사상죄의 경우 사용자 측에서 피해자와 합의하여피해자가 처벌을 원하지 않거나 합의에 준할 정도로 상당한 금액을 공탁하면 과실범임을 감안하여 집행유예나 벌금 등 비교적 가벼운 처벌에 그치는 경우가 많았다. 2006년 산업안전보건법 개정으로 사업주의 안전보건조치 의무 위반으로 근로자 사망사고가 발생한 경우 무겁게 형사처벌하는 규정이 신설되었으나 실무적으로는 업무상과실치사죄의 한 가지 유형처럼 다뤄져 왔다. 한편, 근로자가 열악한 근로조건과 작업환경 등으로 산업재해를 당하더라도 사용자의 과실을 입증하지 못하면 피해구제를 받기 어렵다는 과실책임주의의 한계를 극복하기 위해 그동안 많은 노력이 있었는데, 그중 대표적인 것이 근로자가 사용자의과실 입증을 필요로 하지 않고 사용자로부터 일정액의 보상을 받을 수 있게 하는 산업재해보상제도이다. 이는 다시 사용자의 산업재해보상책임을 국가 차원의 강제보험제도에 의해 대체하는 산업재해보상 보험제도로 발전하여 피해 구제의 사각지대를줄이는데 크게 기여하였다. 2023 변호사(제56집) 182 다만, 무과실책임과 강제보험의 도입은 산재보험료를 전액 부담하는 사용자로 하여금 산업재해 사전 예방을 위해 노력하기보다는 산업재해 발생 시 보험처리에만 의존하려는 일종의 도덕적 해이를 유발할 우려가 있으며, 실제로 산업현장에서는 산재발생 시 사용자가 산재보험 처리 후 추가적인 합의금을 지급하고 민· 형사상 합의하는방식으로 민사책임 문제를 해결하고 형사사건 수사나 재판과정에 이를 정상참작자료로 제출하여 가볍게 처벌받는 사례도 적지 않다. 이와 같은 상황 속에서 지난 2021년 제정된 중대재해처벌법은 중대재해를 예방하고시민과 종사자의 생명과 신체를 보호하기 위해 사업주와 경영책임자등에게 안전보건확보의무를 부과하고, 고의 또는 중과실로 안전보건확보의무를 위반하여 중대재해에이르게 한 경우 매우 무거운 민 · 형사 책임을 규정하고 있다. 사업주와 경영책임자등에게 부과된 안전보건확보의무는 민법상 고용계약 관련 의무 또는 노동법상 근로계약의 부수의무로 이해되고 있는 ‘사용자의 안전배려의무’나 산업안전보건법에 규정되어있는 ‘사업주의 안전보건조치의무’ 등과 구별되는 새로운 법률적 개념이다. 안전보건확보의무 부과는 경영진으로 하여금 산업재해 예방에 실질적으로 보다 많은관심과 노력을 기울일 수 있도록 만드는 계기가 될 수 있는 반면, 실무진이 아니라경영진에게 부과되는 의무이다 보니 추상적이고 일반적인 내용으로 되어 있어 경영진이 재해 예방을 위해 충분히 노력했음에도 불구하고 사실상 결과책임을 부담하게될 위험성을 배제할 수 없다. 이 글에서는 ‘중대산업재해’를 중심으로, 중대재해처벌법상 안전보건확보의무의개념과 법적 성격, 이행 주체, 주요 내용, 의무위반의 효과 등에 대해 살펴보고, 현행규정이 헌법상 명확성의 원칙과 비례의 원칙 등에 부합하는지에 대해 검토해 보았다. 입법론적으로는 안전보건확보의무를 구성하는 작위의무를 더 명확히 규정하고, 작위의무 가운데 명확성과 중한 결과 발생의 개연성(직접성) ...

산업안전보건법상 규제완화의 문제점과 대응방안 -법체계상의 문제점과 개선방향을 중심으로-

정규 ( Kyu Jeong ) 한국법정책학회 2015 법과 정책연구 Vol.15 No.4

This paper is designed to review the problems and countermaesure of deregulation in The Occupational Safety and Health Act(OSH Act). Especially this paper work is progressed to focus on the problems of legislative system and provisions and improvement direction. The Occupational Safety and Health Act(OSH Act) aims to establish standards of security, prevent accidents, create pleasant industrial working environment, and most importantly to preserve and promote the occupational safety and health of the workers. That is, the Act provides fundamental obligations on OSH by employers and entrepreneurs, and also provides an optimal working environments. Government makes a long term plan in dealing with the continuous national issues such as safety and health policy. Government has made ‘5 Year Plan for Safety and Health’ since 2000. This paper deals with ‘The 4th Government 5 Year Plan for Safety and Health’. This plan contains 4 policy objects; (1) simplifying the Korean Occupational Safety and Health Act, (2) extending the application of the law to the workers as well as employees, (3) rationalization of penalties on employers due to the breach of duties, (4) change of premises safety and health system by transferring to the risk assessment. However, the current Act establishes only the basic fundamental standard on the OSH and provides only implementation compulsion by the government. Additionally, the Act does not fully reflect the content concerning the responsibility and duty to create a pleasant working environment and to increase worker’s safety and health in the workplace.

사내하도급에서 산업안전보건법의 보호대상에 관한 연구

나민오(Na, Min-Oh) 동아대학교 법학연구소 2020 東亞法學 Vol.- No.88

사내하도급은 일반적인 도급계약과 달리 도급인이 관리하는 사업장에서 업무를 수행한다는 특성 때문에 수급인이 사업주로서 안전보건조치의무를 이행하는데 한계가 발생한다. 이에 산안법 제63조는 도급인에게 자신의 사업장에서 발생하는 위험을 관리하고 안전하게 유지할 의무를 규정하였다. 여기에는 도급인이 고용한 근로자뿐 아니라 수급인의 근로자에게 영향을 미치는 영역에 대한 안전보건조치를 실시할 의무가 포함된다. 또한 산안법 제66조는 수급인과 수급인의 근로자가 산안법령을 위반하는 경우 도급인이 수급인에게 시정조치를 할 수 있도록 규정하여 도급인에게 사업장에서 발생하는 위험에 대한 총괄적인 관리·감독 의무를 부여하고 있다. 산안법 제63조와 제66조는 수급인에게 안전한 사업장을 제공할 도급인의 의무를 발생시키고, 법령에 의해 수급인의 안전확보 의무의 이행을 관리·감독하는 지위를 발생시킨다. 이러한 법령상의 의무를 근거로 도급인은 수급인에 대해서도 안전배려의무를 부담하는 것으로 볼 수 있다. 연구에서는 계약상 안전배려의무에 근거하여 수급인에 대한 도급인의 안전보건조치의무를 산안법에 반영하는 방안을 제안하였다. 또한 도급인과 직접적인 계약관계가 없는 수급인의 근로자에 대해서 계약상 안전배려의무의 효력을 인정할 수 있는지 검토하였다. 수급인 근로자는 도급인과 직접 계약관계가 없어 안전배려의무를 인정하기 어렵다. 또한 산안법 제63조는 도급인이 수급인 근로자에게 안전보건조치를 제공할 의무를 규정한 것이 아니고, 자신의 사업장에 대한 지배력을 근거로 수급인에게 안전한 장소를 제공하고 수급인이 자신의 사업장에서 안전조치를 이행할 것을 감독할 의무를 부여한 것이다. 따라서 산안법 제63조는 수급인 근로자가 도급인에게 의무이행을 요청할 계약상의 권리를 발생시키지 않는다. 다만 수급인 근로자는 도급인의 산안법 위반에 의한 불법행위로 손해가 발생하면 이를 청구할 수 있을 것이다. In-house subcontracting, unlike general contracting contracts, is subject to subcontractor-managed workplace, so there is a limit to the recipient"s safety and health measures. The Article 63 of the Occupational Safety and Health Act provided contractors with the obligation to manage and maintain the risks incurred in their workplace. This includes the obligation to implement safety and health measures in areas affecting the workers of the recipient, as well as the workers employed by the contractor. In addition, The Article 66 of the Occupational Safety and Health Act provides contractors with comprehensive management and supervision over the risks arising in the workplace by providing contractors to take corrective action against contractors when the recipients and their workers violate the Occupational Safety and Health Act. The Article 63 and 66 of the Occupational Safety and Health Act makes a duty for contractors to provide safe workplaces to recipients, and to supervise the implementation of the recipient"s duty to ensure safety. Therefore, it can be considered that the contractor bears the duty to care for the safety of the recipients. In the study, a method was proposed to reflect the contractor"s Obligations of safety consideration to the recipients in the Occupational Safety and Health Act based on the safety care obligations in the contract. In addition, it was reviewed whether the contract"s safety-related obligations can be recognized for the workers of recipients who do not have a direct contract relationship with contractors. Workers of recipients have no direct contract relationship with contractors, making it difficult to recognize safety obligations. In line with that, the Article 63 of the Occupational Safety and Health Act does not stipulate that contractors are obliged to provide safety and health measures to workers of recipients. It stipulates that contractors provide safe places for recipients based on their control over their workplace(management ability), and contractors are obliged to oversee the implementation of the recipient’s duty to ensure safety at their workplace. Therefore, the Article 63 of the Occupational Safety and Health Act does not create contractual rights for contractors to request recipients to fulfill their obligations. However, workers of recipients can claim it if damages occur due to illegal acts owing to the contractor"s violation of the Occupational Safety and Health Act.

한국과 영국의 산업안전보건법 처벌에 관한 비교 연구

조흠학 한국비교노동법학회 2010 노동법논총 Vol.18 No.-

Safety and health in work places has been considered an important problem in enterprise organization due to changing enterprise organization forms in developing industrial society. Accordingly, mandatory regulations were established for workers to be able to work in a safe and comfortable environment. These regulations were established under the employer's responsibility in the Occupational Safety and Health Act. Results that compared punishment system of the Korean Occupational Safety and Health Act with foreign punishment systems showed a significant difference in punishment outcomes. In Korea, penalty for fatal accidents does not exceed 20,000,000 won, but in Britain, penalty for small violation results in fine exceeding 20,000 pounds. Recently, the Corporate Manslaughter and Corporate Homicide Act that punishes an enterprise's highest executive for a serious accident according to the Occupational Safety and Health Act has been established in Britain. So, in this paper, some measures to improve the Korean Occupational Safety and Health Act punishment system have been suggested. We presented some measures that require amendment in the punishment regulation through positivism of punishment regulation of Occupational Safety and Health Act, solutions for overlapping duties in the Occupational Safety and Health Act, establishment of publication system, and employer's education on accessory penalty and extension of fines. Although it is a political issue, strengthening of labor supervisor's investigation can improve the efficiency of the law enforcement. Therefore, Strengthening of employer's punishment regulation according to the violation of Occupational Safety and Health Act contributes to safe working environment and is one of the measures for preventing occupational accidents through changing the recognition of occupational safety.

재해사례를 기반으로 한 사고유형별 산업안전보건법의 실태조사

이경선(Kyung-Sun Lee),민승남(Seung Nam Min) 대한인간공학회 2019 大韓人間工學會誌 Vol.38 No.2

Objective: The purpose of this study is to investigate the types of accidents on the basis of industrial accidents cases, to identify the cause of each type of accidents, and then to understand the occupational safety and health act related to the causes. Background: Improving and advancing the effectiveness of the occupational safety and health act is the most fundamental improvement activity for industrial accident prevention. In order to enhance the effectiveness of the occupational safety and health act, it is necessary to clearly investigate the current status and characteristics of industrial accidents in Korea and to reflect them. Method: This study was conducted based on the cases of domestic industrial accidents provided by the Korea Occupational Safety and Health Agency. Examples of industrial accidents were randomly selected from accidents cases occurring in 2010-2016 in machinery, electricity, chemicals, and construction. Results: Fall accidents accounted for about 20.0% of the total accidents, followed by explosion 14.4%, pitting 12.8%, and electric shock 11.3%. The occupational safety and health act, according to the cause, showed the highest proportion of items related to Chapter 4, hazard risk prevention action. Second, safety and health education noncompliance was high (23.5%). Conclusion: The purpose of this study is to investigate the occupational safety and health act which is deemed to be highly related to the cause of accident by summarizing the types of accidents, causes of accidents and causal factors. In order to revise and redefine the occupational safety and health act, it is necessary to have a database that can be used to build data on violations of the occupational safety and health act. Application: The results of this study can be utilized as a methodology for the revision of the occupational safety and health act.

산업안전보건법의 입법체계상 문제점과 개선방안

정진우 노동법이론실무학회 2015 노동법포럼 Vol.- No.16

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.

산업안전보건교육제도의 해외동향에 관한 소고

박민수,조흠학 한국비교노동법학회 2022 노동법논총 Vol.56 No.-

Recently, there has been a growing interest and importance in occupational safety and health education due to the enactment of the Serious Accident Punishment Act. However, there are many indications that occupational safety and health education at the workplace is still being carried out formally. The purpose of this study is to analyze the operation status of safety and health education institutions in the UK, Japan and Germany, and also to present the necessary points for safety and health education in Korea, the following procedures were conducted in this study: Firstly, the literature reviewed the domestic and foreign laws related to this study were investigated and analyzed. Secondly, this study is to analyze the operation status of safety and health education institutions in the UK, Japan and Germany. Results of this study were summarized as follow. Firstly, the occupational safety and health education is legally enforced in Korea. this can lead to the problem that conduct formal safety and health education for workers at the workplace. Therefore, in order to show the effect of practical education, it is necessary to refer to the system that gives the duty of safety and health education like the UK or Germany for the employer, but autonomously selects the contents of education. Secondly, it is necessary to divide the curriculum of occupational safety and health education for supervisor of OSH(occupational safety and health) in Korea into basic course and specialized course as in Japan. After the supervisor completes the basic course, the supervisor will be able to secure the expertise of the supervisor by completing the specialized course required to reduce accident at the workplace. Finally, the private educational institutions in Korea open curriculums according to educational demand, it is difficult to develop curriculums without demand, and accordingly, the expertise of educational content is poor. Therefore, rather than developing similar curriculum by private educational institutions, it is necessary to establish a linkage process between educational institutions like the UK and operate excellent educational content. Based on these results, one important fact was concluded that the current curriculum of occupational safety and health education needs to be changed. 최근 중대재해처벌법 제정으로 산업안전보건교육에 대한 관심과 중요성이 대두되고 있지만, 현장에서는 여전히 산업안전보건교육이 형식적으로 이루어지고 있다는 지적이 많다. 본 연구는 영국, 일본, 독일의 안전보건교육기관의 교육과정 운영 실태를 분석하고 우리나라의 안전보건교육에 필요한 시사점을 제시하는 것을 연구 목적으로 한다. 한국의 안전보건교육의 문제점을 파악하기 위해 첫째, 국내외 안전보건교육에 관련된 법령체계를 조사하고 분석하였다. 둘째, 영국, 일본, 독일의 안전보건교육기관의 운영 실태를 분석하였다. 연구 결과를 살펴보면, 첫째, 우리나라는 안전보건교육에 대해 법적으로 강제성을 나타내고 있다. 이것은 자칫 잘못하면 사업장에서 근로자를 대상으로 안전보건교육을 형식적으로 수행한다는 문제가 나타날 수 있다. 따라서 실질적인 교육의 효과를 나타내기 위해서는 영국이나 독일처럼 사업주에게 안전보건교육 의무는 부여하되 교육내용에 대해서는 사업장에서 자율적으로 선택하는 시스템도 참고해야 한다. 둘째, 우리나라의 관리감독자 교육과정을 일본처럼 기초과정과 전문과정으로 구분하여 운영할 필요가 있다. 이는 관리감독자가 기초과정을 이수한 후, 관리감독자가 사업장의 재해감소에 필요한 전문과정을 이수하므로서 관리감독자의 전문성을 확보할 수 있을 것으로 보인다. 마지막으로 우리나라의 민간교육기관은 교육 수요에 따라 교육과정이 개설되므로 수요가 없으면 교육과정의 개발이 어렵고 이에 따라 교육 컨텐츠의 전문성이 떨어진다. 따라서 민간교육기관이 유사한 교육과정을 개발하기보다 영국과 같이 교육기관 간 연계 과정을 구축하여 우수한 교육컨텐츠를 연계하여 운영할 필요가 있다. 본 연구 결과를 토대로, 현행 안전보건교육 과정의 변화가 필요하다는 하나의 중요한 결론을 얻었다.

헌법원리적 관점에서 바라본 중대재해처벌법의 문제점과 개선방안 – 중대산업재해를 중심으로 –

정진우 한국비교노동법학회 2024 노동법논총 Vol.61 No.-

Korea's Serious Accident Punishment Act has a fundamental problem that it violates several constitutional principles (principle of clarity, principle of responsibility, principle of prohibition of excess, principle of equality, and principle of prohibition of comprehensive delegation), such as conflict and contradiction with Korea's Occupational Safety and Health Act. Violation of constitutional principles is likely to lead to unhelpful in securing effectiveness of accident prevention. In fact, many point out that various side effects such as a decrease in the effectiveness of accident prevention are occurring in various places due to Serious Accident Punishment Act. It can be said that Serious Accident Punishment Act enacted under the banner of drastically reducing serious accidents is not really helpful in accident prevention and is causing a huge cost burden. The most serious problem is the lack of predictability and feasibility, which are the most basic principles that the special criminal law should have, and the violation of the obligation of Serious Accident Punishment Act is not more likely to be blamed than the Occupational Safety and Health Act (consequentially aggravated offender) However, it stipulates a much higher level of punishment. In the former case, even large corporations are encouraging them to respond formally rather than practically safe, promoting ‘high-cost, low-effectiveness’ occupational safety and health. In the latter case, if the basis for strong punishment under the Serious Accident Punishment Act is that illegal, the Industrial Safety and Health Relations Act should provide a legal basis for why the same type of violation is punished with lower or non-penalty than Serious Accident Punishment Act, but neither Serious Accident Punishment Act nor the law enforcement or interpretation agency is able to explain it. The above problem corresponds to a fundamental defect in which the legitimacy of Serious Accident Punishment Act itself can be denied. Without resolving this, no matter how much rhetoric Serious Accident Punishment Act is decorated, it is nothing more than a pretense, and as a result, a cynical atmosphere about safety issues in society as a whole can intensify. In order for Serious Accident Punishment Act to practically promote the prevention of serious accidents, it is necessary to focus on improving the accident prevention system and establishing a accident prevention infrastructure so that the overall safety and health capabilities of Korean companies can be improved and companies can manage safety and health in the right direction. To this end, it needs to be done first and foremost before it is too late to abolish or overhaul Serious Accident Punishment Act, which has many problems, into the Occupational Safety and Health Act, on the premise of a major revision of Occupational Safety and Health Act.