• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.2
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• pp.129-136
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• 2022

Objectives: Given the real problems at industrial sites related to the Serious Accident Punishment Act (SAPA), it has become controversial as a particularly important issue in terms of occupational safety and health. I intend to examine in detail what are the problems and how to approach them. Methods: The contents of SAPA were reviewed focusing on whether its provisions conform to the principles of occupational safety and health, whether they fit the related legal theory, and whether they are effective for accident prevention. The purpose of this study is to examine whether there is a problem with SAPA from the perspective of the effectiveness of accident prevention by combining occupational safety & health management theory, and legal theory. Results: In order to ensure the effectiveness of SAPA, it should be revised to increase the predictability and implementation of safety and health measure standards. Otherwise, it is expected that there will be not only economic and social costs in the short term, but also side effects that disrupt the safety law system, resulting in a considerable number of post-mortem conditions in the mid- to long term. Conclusions: It is easy to see in comparative law that raising the legal punishment alone does not have the effect of preventing industrial accidents. SAPA should be revised as soon as possible in the direction of faithfully and elaborately reorganizing the standards for safety and health measures.

• International Journal of Advanced Culture Technology
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• v.12 no.3
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• pp.396-405
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• 2024

This study analyzed the practical issues in the Serious Accident Punishment Act (SAPA) for construction sites and proposed measures to improve provisions that are detached from reality. The Act aims to prevent major accidents across various industries, with a particular emphasis on the construction sector. While the Act's intention is commendable, several significant legal flaws have emerged during its implementation. These issues were critically analyzed and strategic recommendations were proposed. Key issues include ambiguous legal definitions, the differential impact of the law on small and large businesses, and the increased administrative and managerial burdens. This study proposed specific measures to enhance the clarity of legal terminology and technology, balance the responsibilities between small and large businesses, and streamline administrative processes. Additionally, methods for effectively revising the regulations and reasonably complying with them on-site were proposed. By addressing these issues, we aim to improve the effectiveness of the law, ensure fair application, and ultimately create a safer working environment in the construction industry. The recommendations are expected to serve as valuable resources for future revisions and improvements to SAPA and contribute to the broader goal of sustainable industrial safety and development.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.32 no.4
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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.

• Journal of the Korean Society of Safety
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• v.39 no.3
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• pp.27-35
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• 2024

There are ongoing debates on the effectiveness of the Serious Accidents Punishment Act (SAPA) on ensuring safety management and accident prevention, as the annual number of fatal injuries did not decrease even after its enforcement. However, for right appraisal of the effectiveness of SAPA, it must not only be rated based on direct outcomes such as the number of fatal injuries, but also on the indirect effects related to the improvement of the safety management of firms or organizations. A construction superintendent is one of crucial persons who ensure worker safety in construction sites. They must have a high safety consciousness for effective and appropriate safety management in construction sites. In this, the impact of the enforcement of SAPA on the safety consciousness of the construction superintendents is investigated to add a new dimension in the appraisal of the effectiveness of SAPA. DAGMAR-based safety consciousness assessment model is used to measure four safety consciousness components, i.e. awareness, comprehension, conviction, and action. Three hundred and five responses obtained from a survey conducted among construction superintendents are used to analyze the shift of the safety consciousness of the construction superintendents due to the enforcement of SAPA. The results reveal that awareness and comprehension components significantly improved after the SAPA enforcement. Conversely, conviction and action components slightly improved. They also reveal that the changes are more significant for construction superintendents affiliated to principal contractors, compared to those affiliated to subcontractors.

• Journal of the Korea Institute of Construction Safety
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• v.5 no.1
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• pp.17-24
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• 2023

The purpose of this study is to clearly recognize critical issues and to suggest relevant solutions for the issues since too many deaths and injuries due to industrial accidents has been going on for a long time, also the deaths of workers is a problem that affects not only one person's death but also many people connected with it and society as a whole. And the need for a strict Serious Accidents Punishment Act is sympathetic. However, the current Severe Accident Punishment Act is not welcomed by both labor and management due to its ambiguity, and it is suggested that the punishment and legislative content of the management manager who violated the duty to ensure safety and health is abstract and the level of punishment is excessive. In addition, due to the ambiguous part of the management manager's interpretation and serious industrial accidents, most companies appoint large law firms to receive legal interpretation and advice, so only law firms are getting full, and the cost that companies invest to protect the CEO is actually a safety accident. It is suggested that the current enforcement ordinance, which has ambiguity, needs to be revised because it must be entered into as a preventive cost.

• Journal of the Korean Society of Radiology
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• v.16 no.4
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• pp.477-490
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• 2022

Serious Accident Punishment Act(SAPA) went into effect as of Jan. 27, 2022. The subject of study was the worker of the nuclear medicine department and the investigation was aimed at identifying the present situation of their understanding on the issue in the here and now, which can be utilized as basic research for further study. The survey was conducted on 51 people of the worker in the nuclear medicine department. The general factors were classified by their gender, the scale of the hospitals, the period of career, and the detailed occupational categories. The conclusion was drawn, including 1 missing data in gender and 2 in the type of occupation. The targeted hospitals were tertiary hospital, university hospital, and general hospital which have nuclear medicine department in. The period of subjects' career was categorized by less than 3 years, 3 to 5 years, 5 to 10 years, and more than 10 years. The specific occupation was classified by in-vivo radiological technologist, radiation safety manager and others. The amount of pressure that the job entails was highest in the category of general hospital, the period of 3 to 5 years of job experience, and radiation safety manager each. The system of the code was well constructed in the category of general hospital, the period of less than 3-year career, and radiation safety manager, as they responded. The blood transmissible disease had the largest number of outbreak of accidents related to the serious industrial accident. In addition, the radiopharmaceutical dosing error had the highest number of outbreak of accidents related to the serious civil accident. Therefore, we need to improve SAPA, facility inspection, security of budget, security of professional manpower. It will help the stable use of radiation and ensure patient safety.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2022.04a
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• pp.31-32
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• 2022

The construction industry has more safety accidents than other industries. Although there have been more attempts to reduce safety hazards in the industry such as the enforcement of the "Serious Accidents Punishment Act (SAPA)", construction accident has not been reduced enough. In this study, analysis of safety risk factors has been made through Latent Dirichlet Allocation (LDA)-based topic modeling. Risk analysis in construction site would be improved with natural language processing and topic modeling.