• 제목/요약/키워드: Serious Accident

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

  • 정진우
    • 한국산업보건학회지
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    • 제31권4호
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    • pp.417-426
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    • 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.

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

  • 김영관;정진우
    • 한국산업보건학회지
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    • 제32권4호
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    • pp.393-401
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    • 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.

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

  • 최민규
    • 한국중재학회지:중재연구
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    • 제33권2호
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    • pp.23-52
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    • 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.

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

  • 정병현;김기홍
    • 대한안전경영과학회지
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    • 제25권3호
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    • pp.37-43
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    • 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.

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

  • 정중섭;서준혁;이동형
    • 산업경영시스템학회지
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    • 제45권2호
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    • pp.37-47
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    • 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

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

  • 장동일;이명구
    • 한국안전학회지
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    • 제11권1호
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    • pp.108-120
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    • 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.

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

  • 최은영;최훈
    • 한국정보통신학회:학술대회논문집
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    • 한국정보통신학회 2016년도 추계학술대회
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    • pp.191-192
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    • 2016
  • 안전교육 강화에 대한 요구가 증가되고 있는 시점에서 특히 유아동의 다양한 경험 중심의 안전교육프로그램에 대한 연구가 필요하다. 특히 유아동기는 사고발생전에 예방을 위해 교육기관이나 가정을 통해 체계적인 교육이 필요하며, 각종사고에 대한 인지가 중요하다. 아동들은 위험상황에 대한 인지도가 어른에 비하여 약하므로 이를 보완하기 위하여 지속적, 반복적 교육을 통하여 스스로 위험을 인식하고 예방하는 능동적인 학습방법이 요구된다. 이에 기능성게임을 이용하여 유아동기의 안전교육 콘텐츠를 제작할 경우 각 상황별 빈발하는 사고에 대하여 인식하고 사고 예방법을 기능성게임을 통하여 인지하여 주도적으로 학습이 가능하다.

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

  • 이종현;정형원
    • 디지털산업정보학회논문지
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    • 제19권4호
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    • pp.163-177
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    • 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.

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

  • 이동선;오태근
    • 문화기술의 융합
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    • 제9권4호
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    • pp.543-548
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    • 2023
  • 한국은 괄목할 만한 경제성장을 이루며 선진국 행렬에 들어섰지만 높은 산업재해 발생률로 인해 근로자의 안전이 위협받고 많은 재산 손실을 초래하는 문제점이 여전히 존재하고 있다. 산업재해 발생률을 낮추기 위해 2020년 4월 산업안전보건법을 전면 개정하며 안전관리를 강화하였지만, 사망재해자 수는 오히려 증가하였다. 이에 정부와 국회는 2022년 1월 중대재해 처벌 등에 관한 법률을 시행하였지만, 그 효과를 확인하지 못하고 있다. 이에 본 연구는 중대재해처벌법 시행 후 건설현장 근로자와 관리자의 안전의식에 어떤 영향을 주었는지 관계자 설문을 통해 분석하였고 안전관리를 개선할 수 있는 대책을 제시하였다.

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

  • 우상선
    • 한국재난정보학회 논문집
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    • 제18권2호
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    • pp.333-342
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    • 2022
  • 연구목적: 중소기업에서 「안전보건경영시스템」의 유지와 실행만으로 「중대재해처벌법」의 요구사항에 적합하도록 「중대재해처벌법」과 「안전보건경영시스템」연계방안을 제시하고자 한다. 연구방법: 문헌조사와 같이 이론적 접근을 수행한다. 먼저 이론적 접근으로 「중대재해처벌법」의 안전보건관리체계를 살펴보고, 「안전보건경영시스템」의 요구사항을 분석하였으며, 그리고 2024년 「중대재해처벌법」이 적용되는 5인 이상 49인까지의 중소기업의 통계와 사고 사망자수를 조사하였다. 연구결과: 「안전보건경영시스템 (ISO 45001)」요구사항과 「중대재해처벌법」의 안전보건관리체계의 연계하는데 문제점이 발견되지는 않았다. 결론: 「안전보건경영시스템」인증을 받기 위한 시스템 구축과 실행으로 「중대재해처벌법」의 안전보건관리체계의 요구사항을 충족할 수 있으리라고 판단된다.