독일 산업안전보건법상의 도급규제에 관한 연구

Objectives: By specifically considering the regulations on contract work under the German Occupational Safety and Health Act, it can be examined whether the regulations on contract work under the Occupational Safety and Health Related Act in South Korea are rational and effective for preventing industrial accidents.
Methods: Recognizing that the Occupational Safety and Health Act in South Korea has multiple issues with its effectiveness regarding contract work and requires improvement, this study examines the literature from a comparative perspective focusing on contract regulation under the German Occupational Safety and Health Act. In addition, from the perspective of legal policy studies, it draws implications for contract regulation under the Occupational Safety and Health Act in Korea and suggests ways to improve it.
Results: The Occupational Safety and Health Act in Germany does not impose an obligation to add or replace prisoners or to directly protect workers employed by contractors in the same way as the obligations and responsibilities borne by employers. From the perspective of the contractor's workers, the obligation to cooperate and oversee imposes an obligation to reorganize the system in order to cope with the special risks caused by sharing a workplace and imposes a 'unique obligation' on the contractor.
Conclusions: Germany's Occupational Safety and Health Act basically centers the contractor's obligation to take safety and health measures. Where the contractor is obligated to take safety and health measures, only obligations worthy of the contractor's status and role are imposed.