농업인 안전재해예방에 관한 입법의 비교법적 검토

다국어 초록 (Multilingual Abstract)

Farmer’s accident rate is higher than that of general employee. In korean agriculture are most of farmers small self-employed farmers. They are not employee. Therefore, the industrial accident law and the occupation safety and health acts are not applied to this farmers. The Act on the Safety Insurance of the Farmers and Fishermen and the Prevention of Safety Accidents is applied from January 7, 2016. But the preventionrules of this law are insufficiency. Therefore, it is necessary to make suggestions and make legislative proposals in Korea through comparative legal studies on the prevention of safety accidents for small self-employed farmers. In this article, we first examined the legislation on the prevention of safety accidents of farmers in Germany. Above all, Germany is organizing self-employed farms as industrial accident insurance, and considering farms as workplaces, farmers as farm owners. To this farmers as the employers in the industrial accident law and the occupation safety and health acts are imposed preventive obligations on themselves, family members and other assistants. In particular, German Social Legislation(SGB) imposes a preventive obligation on a single farmer who is working alone. In Korea, where most of the farmers are small self-employed farmers, it is necessary to introduce the concept of farmers as a ‘Unternehmer’ and farms as ‘Betrieb’ in Germany. In this article, we have proposed a legislation for the prevention of farmer’s safety accidents.

목차 (Table of Contents)

• Ⅰ. 들어가며
• Ⅱ. 농업인 안전재해 현행 예방입법과 문제점
• Ⅲ. 자영농 농작업 안전재해 예방제도의 특성
• Ⅳ. 비교법적 검토
• Ⅴ. 농업인 안전재해 예방입법안
• 참고문헌
• 〈Abstract〉

참고문헌 (Reference)

1 농촌진흥청, "알기쉬운 농업인의 업무상 손상"

2 "농업재해보험, 2014 봄호"

3 "농업재해보험 연감"

4 김영문, "농업인 안전재해보장제도의 통합과 연계방안 연구 - 안전보험의 연계, 보충성, 산재보험과의 연계활용을 중심으로" 동북아법연구소 8 (8): 1-38, 2015

5 김영문, "농어업인의 안전보험 및 안전재해예방에 관한 법률 제정의 의의 및 문제점과 시행령의 내용" 한국비교노동법학회 34 : 85-143, 2015

6 한국산업안전보건공단, "근로환경조사" 2014

7 "Equipment and Product Safety Act (Geräte- und Produktsicherheitsgesetz, GPSG"

8 "DGUV Report" 2013