산업재해 사망 피해의 형사 규제 방향

• 영문명: Proposal of Criminal Sanction Against Workers’ Death for Industrial Disaster
• 발행기관: 한국피해자학회
• 저자명: 정도희(Jeong, Do-Hee)
• 간행물 정보: 『피해자학연구』제21권 제1호, 141~162쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

On September 27st in last year serious accident occurred causing five workers' death in Gu-mi. It was because of violation of business owner's responsibility for safety measure. Current Occupational Safety and Health Act regulates that any person who is responsible for the death of any worker due to a violation of Article 23(1) through (3) or 24 (1) shall be punished by imprisonment for not more than seven years, or by a fine not exceeding 100 million won(Article 66-2). The purpose of the Act are to maintain and promote the safety and health of workers by preventing industrial accidents by establishing standards on industrial and clarifying where the responsibilities lies, and by creating a comfortable working environment. But actually the act is invalid. Countermeasure must be considered. First, the provision that recognizes the ability for crime must be introduced in the Criminal Code. Second, the introduction of legislation the punishment against corporate crime must be in need of clarification. Corporate manslaughter and Corporate Homicide Act must be introduced. Third, the legislature should strengthen criminal penalty.

목차

Ⅰ. 서론

Ⅱ. 근로자의 생명권과 기업범죄로써의 산업재해

Ⅲ. 기업범죄의 주요 쟁점

Ⅳ. 현행법상 산업재해 제재 및 처벌 규정

Ⅴ. 산업재해 사망 방지를 위한 형사규제 방향 제안

Ⅵ. 결어

참고문헌

Abstract

키워드

산업재해 기업범죄 범죄능력 형법 산업안전보건법 Occupational Safety and Health Act Corporate manslaughter and Corporate Homicide Act Corporate Crime Criminal Code industrial disater