산업안전보건법 전부개정안에 대한 비판적 고찰

As a whole, the amendment proposals for the entire legislature are not entirely consistent with systematic and logical coherence, and there are many cases in which the obligation of the employer and the object of the safety and health management are greatly reduced rather than the current law. In addition, there are a few cases that do not conform to the legislative ideology of the occupational safety and health law and the principles of safety and health management.
We can not define crimes and punishment as arbitrators, but only criminal acts should be criminal. If a certain act is defined as a crime, there must be reasonable grounds. From this point of view, the revised proposals all extend beyond the scope of the concept and duty of the employer and the contractor, so that they do not take into consideration differences in the nature of labor contracts, contracts and contracts. From another viewpoint, there are many provisions in the revised text that define criminal acts that violate ethics and moral codes or cause harm to others only indirectly without harming others directly. However, criminalization of acts that should be moralized and merely ethically blamed is excessive criminalization.
In addition, not all of the contents of the subordinate statute of the amendment have been prescribed in advance, so the law does not regulate concrete contents, and as a result, the people who have the ability to judge the average judge the scope of the act It can not be predicted what kind. In addition, there are few cases that violate the principle of boldness and overbearing as the focus is on expanding the duty of the employer and strengthening punishment.
Therefore, if the legislative notice is passed without any amendment, it is expected that it will be involved in the unconstitutional lawsuit as soon as it is enforced and it will continue to be confused for a considerable period of time. And the criminal law has a lot of theoretical problems in the state of the law and the normative force is greatly damaged. As a result, it is feared that the perception that the Industrial Safety and Health Act is a law that can not be practically violated will be widespread throughout society. And the excessive expansion of the scope of the mandate can not only protect the target to be protected but also lead to the weakening of the protection of the core target.
In order to avoid problems like this, the entire framework of the amendment should be elaborated again after thorough discussion and examination. In order to do this, it is necessary to have enough opinions and discussions on each side in the attitude that all revisions should be made.