산업안전보건법의 학교현장 적용에 관한 고찰 ― 공립 초ㆍ중ㆍ고등학교를 중심으로 ―

In order to faithfully apply the safety and health management system to schools, Occupational Safety and Health Act should first be revised to ensure that the safety and health management system regulations are applied to schools other than field workers. In addition, the Office of Education needs to autonomously appoint (tentative) General Industrial Safety and Health Committee and (tentative) General Safety and Health Management Manager at the Office of Education, exceeding legal standards through ordinances. Establishing and operating a safety and health management system autonomously at the level of the Office of Education is also part of fulfilling the duty of care necessary for work.
Instead of presupposing that the current law related to occupational safety and health at school sites will be fixed, legislative maintenance should be prioritized for matters that need to be legislatively improved. However, the Ministry of Employment and Labor has been trying to make up the operation of the school's safety and health management system as administrative guidelines without legal basis, and rather as guidelines of arbitrary content.
In order to effectively promote autonomous safety and health measures at the level of the Office of Education, it is first necessary to withdraw the wrong interpretation of the Ministry of Employment and Labor's safety and health management system. This is because the Ministry of Employment and Labor's current interpretation of the safety and health management system is not only inconsistent with safety principles and legal theory, but also does not help secure effective safety and health at the site. In addition, the current interpretation of the Ministry of Employment and Labor can act as an obstacle for the Office of Education to establish and operate an autonomous safety and health management system in consideration of the duty of care necessary for work.
Administrative interpretation of the safety and health management system under the Occupational Safety and Health Act is largely arbitrary according to the logic of the situation, which does not conform to legal theory and safety principles, causing a lot of confusion in the operation of the safety and health management system at school sites. Not conforming to the law means that predictability and implementation are low, and not conforming to safety principles means that it is difficult to secure the effectiveness of accident prevention. In this state, even if time passes, the system and order are not established, and the chaotic state continues at a high cost, making it difficult to prevent disasters. Furthermore, safety and health officials at school sites are always exposed to the risk of law violations and punishment, which can lead to the mass production of innocent offenders.
Therefore, The Ministry of Employment and Labor and the Ministry of Education should address the confusion and conflict surrounding the implementation of safety and health measures at school sites and take legislative and administrative improvement measures as soon as possible.