• Title/Summary/Keyword: The Serious Accidents Punishment Act(SAPA)

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A comparative Analysis of Overseas Cases to Enhance Effectiveness of CEO's Safety and Health Duties - Focusing on Serious Accidents Punishment Act(SAPA) and Singapore's New System - (경영책임자 안전보건의무 실효성 제고를 위한 해외사례 비교분석 - 중대재해처벌법과 싱가포르 신설 제도를 중심으로 -)

  • Jeongung Lee;Jaewook Jeong
    • Journal of the Korean Society of Safety
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    • v.38 no.1
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    • pp.55-61
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    • 2023
  • Although corporate punishment-related systems are being implemented in several countries, such as South Korea's Serious Accidents Punishment Act (SAPA), related research has mainly focused on legal issues. This study aimed to compare and analyze the SAPA and Singapore's Workplace Safety and Health Act (WSHA) and Code of Practice on Chief Executives' and Board of Directors' Workplace Safety and Health Duties (WSHD). In addition, it was attempted to draw implications to enhance the effectiveness of the CEO's safety and health duties. For this study, a comparative analysis was conducted in 3 steps. In step 1, similar overseas systems were investigated. In step 2, the system contents were classified into four viewpoints (DUTY, RESOURCE, Other factors, and Main contents), and comparison items were derived from each viewpoint. In step 3, the viewpoints were compared, and implications were derived. The following three implications were derived through comparative analyses. 1) In WSHD, additional explanation and calibration of measures clarify the CEO's role, and 2) It is easy to use for the CEO's duties by providing the resources directly. 3) Penalties for violating the proposed duties are entrusted to the existing higher-level laws. Considering this, providing detailed content and related information for the CEO would possibly improve the SAPA to fulfill his/her duties through announcements from related organizations in the future.

Analysis of Major Issues in the Serious Accidents Punishment Act (SAPA) (중대재해처벌법의 주요쟁점 해소 방안)

  • Cho Choonhwan
    • 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.

A Health and Safety Issue in the Serious Accident Punishment Act - Focusing on the Contract, Service, and Commission Relationship Issues - (중대재해처벌법의 안전보건상의 쟁점 고찰 - 도급·용역·위탁관계 문제를 중심으로 -)

  • Jung, Jin-Woo
    • 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.

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
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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.

A Consideration of Perception on Enforcement of Serious Accident Punishment Act(SAPA) among the Workers in the Nuclear Medicine Department (중대재해처벌법 시행에 따른 핵의학 종사자의 인식 고찰)

  • Lee, Joo-Young
    • 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.

Analysis of Construction Accident Incident Using Latent Dirichlet Allocation-based Topic Modeling (잠재 디리클레 할당 기반 토픽 모델링을 통한 건설재해 사례 분석)

  • Kim, Changjae;Kim, Harim;Lee, Changsu;Cho, Hunhee
    • 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.

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