• Title/Summary/Keyword: Serious Accident

Search Result 487, Processing Time 0.031 seconds

A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
    • /
    • v.31 no.4
    • /
    • pp.417-426
    • /
    • 2021
  • Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

A Comparative Study ISO 45001 and the Safety and Health Management System under the Serious Accident Punishment Act (ISO 45001과 중대재해처벌법상 안전보건관리체계에 대한 비교 연구)

  • Young-Gwan, Kim;Jin-Woo, Jung
    • Journal of Korean Society of Occupational and Environmental Hygiene
    • /
    • v.32 no.4
    • /
    • pp.393-401
    • /
    • 2022
  • Objectives: OHSMS, which was introduced by Serious Accident Punishment Act as a means for safety and health management at work place, but it is not effective according to recent statistical data. Therefore, I intend to compare the OHSMS regulations of SAPA based on ISO 45001, the international standard of OHSMS, and examine the differences and problems. Methods: The OHSMS regulation of Serious Accident Punishment Act was compared and analyzed using the content standard of ISO 45001, the international standard of OHSMS. The construction and operation aspects and differences in key concept definitions of OHSMS were analyzed in depth. Results: ISO 45001 aims to provide OHSMS with an autonomous framework to manage risks and opportunities in safety and health management, whereas Serious Accident Punishment Act aims for safety and health management through an interest and effort in safety and health management on the premise of legal responsibilities of corporations and CEO. As a result, comparing to ISO 45001 in construction and operation aspects and differences in key concept definitions of OHSMS, the OHSMS of Serious Accident Punishment Act do not cover the entire business in concept definition and construction. Conclusions: In order for Serious Accident Punishment Act to achieve its original purpose of preventing serious accidents through systemic safety and health management, it is necessary to correctly understand the contents of ISO 45001 and to revise the OHSMS regulations in a direction that can ensure predictability and feasibility.

Cases of Safety Accidents and Response under the Serious Accident Punishment Act -Focusing on the Construction Industry- (중대재해 처벌등에 관한 법률상 안전사고의 현황과 대응방안 -건설 산업을 중심으로-)

  • Mingyu Choi
    • Journal of Arbitration Studies
    • /
    • v.33 no.2
    • /
    • pp.23-52
    • /
    • 2023
  • In this thesis, the domestic and foreign legislative background and legislative process of the Serious Accident Punishment Act were reviewed, and the Serious Accident Punishment Act in Korea was reviewed. In 2022, more safety accidents occurred in the construction industry than in other fields, and in particular, the most deaths occurred in the 'fall' type. In April 2023, regarding two criminal first-instance trial cases, the courts all sentenced guilty, and in one case, the representative of the company(CEO) was sentenced to imprisonment and was arrested. In response, the management side expresses the opinion that the punishment is excessive and there is a concern that corporate management will shrink, while the workers side(Union) argues that the responsibility of the business operator or manager should be strengthened by heavier punishment. As a countermeasure to overcome rationally, we present a plan in terms of legislation and resolution process. In other words, we present a review of the amendment to the Serious Accident Punishment Act and the Court Organization Act. In addition, guidelines for the a safety and health system must be implemented, and if an accident occurs, it must be dealt with reasonably. As a result, safety accidents in the construction industry should drastically decrease and safety culture should be properly established.

A Study on the Prevention of Serious Accident in Small Business: Focusing on Cargo Transport Vehicles (중소기업 중대재해 예방에 관한 연구: 화물운송차량를 중심으로)

  • Byung Hyun Chung;Ki Hong Kim
    • Journal of the Korea Safety Management & Science
    • /
    • v.25 no.3
    • /
    • pp.37-43
    • /
    • 2023
  • Since 2024, small business are also going to be ruled under the Serious Accident Punishment Act. As the scope of the law expands, the small logistics companies are required to pay more attention on preventing serious accidents on the field. Freight vehicle accidents can cause personnel accidents and cargo accidents which are the two serious accidents that the Serious Accident Punishment Act is trying to prevent. The purpose of this research are to study the factors that cause the serious accidents that happens in the small logistics companies and to suggest preventive. The results of the study shows that fall prevention is the top-priority and then driving experience, safety management, and cargo driving hours. However, the gaps between the evaluation values of each are not huge, which means all the preventives are significant.

Problems and Countermeasures in the Construction Industry Application of the Serious Accident Punishment Act (중대재해처벌법의 건설업 적용 문제점 및 대응방안)

  • Jung, Joong-Sup;Seo, Jun-Hyeok;Lee, Dong-Hyung
    • Journal of Korean Society of Industrial and Systems Engineering
    • /
    • v.45 no.2
    • /
    • pp.37-47
    • /
    • 2022
  • The Act on the Punishment of Serious Accidents to Prevent Large-scale Disasters, including Ferry Sewol and Taean Thermal Power Plant, passed the National Assembly on January 8, 2021, and has been in effect since January 27, 2022. However, the law, in which the representative of the headquarters is unlimitedly responsible for each worker's accident, is somewhat unreasonable at a time when a company owns dozens to hundreds of construction sites due to the nature of the construction industry. I agree with the purpose of enacting the law to reduce chronic serious accidents at construction sites, but it is necessary to carefully reconsider the implementation of the law in that punishment alone cannot achieve industrial safety. Previous studies focused on revising the Occupational Safety and Health Act, but there are few studies on the impact on the construction industry after the implementation of the Serious Accident Act. Therefore, this study attempts to derive problems related to the application of the Serious Accident Act and present improvement measures. To this end, after analyzing previous studies, SWOT analysis was performed by applying the Delphi method to derive strengths, weaknesses, opportunities, and threats. In addition, the results of two surveys of safety experts such as public institutions, academia, and companies were reflected, and its countermeasures were presented as follows. S/O strategy: establishing on-site execution capabilities of health and safety management system; W/O strategy: expanding legal and system execution checks; S/T strategy: establishing a risk response system; W/T strategy: expanding consulting by external specialized institutions

A Case Study on the Serious Accidents of Construction (건설중대재해 사례 연구)

  • 장동일;이명구
    • Journal of the Korean Society of Safety
    • /
    • v.11 no.1
    • /
    • pp.108-120
    • /
    • 1996
  • It is a problems in industrial accidents that the knowledge for industrial accidents is obtained by experience, not by experiment. This experiential knowledge is obtained by Investigating accident cases and utilizing those for safety education. Therefore, in this paper, the situation about the serious accident of construction is analyzed by occupation, a kind of construction, time group, season, type of accident, and accidental cause. And the mutual · relations of these factors are studied. The most frequent type of the serious accidents of construction Is the falling accident. It happenes most frequently at apartment construction among kinds of construction and to structural worker, finishing worker, normal worker in order among occupations. And it is found that the most critical causes of the falling accident are the imperfection of safety facilities and unwearing of protection equipments, so a number of accidents can be reduced by the expansion of safety facilities and wearing of protection equipments absolutely. The counterplan of prohibition of accidents and the direction of government policy are presented by a series of nalyses for accident cases.

  • PDF

Stragies developing serious game for children safety education (아동기 안전교육을 위한 기능성게임 개발전략)

  • choi, Eun-young;Choi, Hun
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
    • /
    • 2016.10a
    • /
    • pp.191-192
    • /
    • 2016
  • The purrpose of this study is to develop safety education program to prevent child accident using serious game. Specially children need systematic education program specially cognition of accident. Serious game has entertain and education, and it can make game stage using storytelling about variable accident situation. Using serious gmae for preventing accident, it includes useful subjects such as safety education, prevent strategies, crisis management, problem solving accomplishment.

  • PDF

The Impact of Platform Delivery Workers' Safety Awareness on Serious Accidents Impact Studies (플랫폼 배달종사자의 안전인식이 중대재해에 미치는 영향 연구)

  • Lee Jonghyun;Jung Hyungwon
    • Journal of Korea Society of Digital Industry and Information Management
    • /
    • v.19 no.4
    • /
    • pp.163-177
    • /
    • 2023
  • In this study, delivery workers were regarded as workers and industrial accident and serious accident prevention were studied. As a result of the study, first, it was confirmed that awareness of safety guidelines has an effect on disaster prevention and is related to reducing serious accidents. Second, among the forms of organizational culture, rational culture was shown to have a positive impact on serious accidents. Third, the moderating effect of organizational culture Rational culture, a sub-concept, was found to have a moderating effect on serious accidents. Fourth, according to the opinions of workers for disaster prevention of delivery workers, it was classified into policy part, environmental part, and worker's duty part, and the necessity of strengthening safety education and strong regulation was suggested in the policy part.

A Study on Safety Awareness of Managers and Workers in Construction after the Serious Accident Punishment Act (중대재해처벌법 시행 후 건설현장 관리자 및 근로자의 안전의식에 대한 연구)

  • Dongsun Lee;Taekeun Oh
    • The Journal of the Convergence on Culture Technology
    • /
    • v.9 no.4
    • /
    • pp.543-548
    • /
    • 2023
  • Korea has achieved great economic growth, but the high rate of accidents in the industry still threatens the safety of workers and causes a lot of property loss. In order to lower the accident rate, the Occupational Safety and Health Act was fully revised in April 2020 and safety management was strengthened, but the number of deaths rather increased. In response, the government and the National Assembly implemented the Serious Accident Punishment Act in January 2022, but the effect has not been confirmed. So, this study conducted a questionnaire survey on how the safety awareness of construction site workers and managers was affected after the Serious Accident Punishment Act. and suggested measures to improve safety management.

A Study on the Link between the Severe Accident Punishment Act and ISO 45001 of SMEs (중소기업의 「중대재해처벌법」과 ISO 45001의 연계방안 연구)

  • Woo, Sang-Sun
    • Journal of the Society of Disaster Information
    • /
    • v.18 no.2
    • /
    • pp.333-342
    • /
    • 2022
  • Purpose: This study proposes a plan for linking the Severe Accident Punishment Act and the Occupational Health and Safety Management System so that SMEs can meet the requirements of the Severe Accident Punishment Act only by maintaining and implementing the Occupational Health and Safety Management System. Method: Conduct a theoretical approach, such as a literature review. First, as a theoretical approach, the safety and health management system of the Serious Accidents Punishment Act was examined, the requirements of ISO 45001 were analyzed, and the statistics of small and medium-sized enterprises (SMEs) from 5 to 49 to which the 2024 Serious Accidents Punishment Act was applied and the number of accident deaths were investigated. Result: No problems were found in linking with the Serious Accident Punishment Act when constructing Occupational health and safety management systems (ISO 45001). Conclusion: It is judged that the establishment of Occupational health and safety management systems (ISO 45001) and management of implementation performance will be able to satisfy the Act on the Punishment of Serious Disasters.