Abstract
The easiest for legislative bodies and regulators, and what they prefer the most is to rely on stricter regulations and penalties. But what matters is how well regulation and punishment actually work on the spot against the inmates. This requires the quality of the legal system to be guaranteed and the legal components to be elaborated.
It is the principle of the rule of law that administrative power in the rule of law should be exercised in accordance with the law, including the Constitution. Under this principle, administrative power cannot be exercised just by the fact that it is administratively necessary, and if there is no legal basis, administrative power cannot be invoked even if there is a need for administrative intervention.
This principle is indispensable and necessary for the realization of the human rights guarantee and democratic administration of prisoners. Also, what an administrative agency should consider life is predictability. Predictability is a necessary value to ensure the effectiveness of regulations, but it is also a necessary value to prevent arbitrary administration and to gain administrative credibility.
This article examines the problems of administrative orders and contracting regulations, including order to suspend work, which has recently become a subject of much interest in our society over occupational safety and health law policies and is currently being pushed by the government with emphasis.
A review of these two legal systems has found many things that do not conform to legal values and theories, such as the principles of the law. Contrary to external propaganda, the realization of the safety rights of workers, including contractor's workers, has become more difficult than before, and their effectiveness and legality are also seen to have been significantly reduced.
Under an amateur administrative system where administrative expertise is not secured, if democratic procedures are not secured in the establishment and revision of legal policies, the contents of the law can be badly revised and abuse of authority can be realized at any time.
It is the principle of the rule of law that administrative power in the rule of law should be exercised in accordance with the law, including the Constitution. Under this principle, administrative power cannot be exercised just by the fact that it is administratively necessary, and if there is no legal basis, administrative power cannot be invoked even if there is a need for administrative intervention.
This principle is indispensable and necessary for the realization of the human rights guarantee and democratic administration of prisoners. Also, what an administrative agency should consider life is predictability. Predictability is a necessary value to ensure the effectiveness of regulations, but it is also a necessary value to prevent arbitrary administration and to gain administrative credibility.
This article examines the problems of administrative orders and contracting regulations, including order to suspend work, which has recently become a subject of much interest in our society over occupational safety and health law policies and is currently being pushed by the government with emphasis.
A review of these two legal systems has found many things that do not conform to legal values and theories, such as the principles of the law. Contrary to external propaganda, the realization of the safety rights of workers, including contractor's workers, has become more difficult than before, and their effectiveness and legality are also seen to have been significantly reduced.
Under an amateur administrative system where administrative expertise is not secured, if democratic procedures are not secured in the establishment and revision of legal policies, the contents of the law can be badly revised and abuse of authority can be realized at any time.
| Translated title of the contribution | A Study on the Problems of Administrative Orders and Contracting Regulations under Occupational Safety and Health Act |
|---|---|
| Original language | Korean |
| Pages (from-to) | 161-192 |
| Number of pages | 32 |
| Journal | 노동법포럼 |
| Issue number | 28 |
| DOIs | |
| State | Published - 2019 |