중대재해처벌법의 위헌적 요소에 대한 개선방안

Abstract

The serious accidents punishment act has various interpretive issues, including, first, who is responsible of the duty to secure safety and health, second, whether there was intentional violation of the duty to secure safety and health in the outcome of a serious accident, and third, whether the relationship between the violation of the duty and the outcome is recognized. A company that was actually prosecuted for violating the Act filed a constitutional petition challenging the unconstitutionality of the act. There are opinions that there are legal issues such as the constitutionality and clarity of the contents of the act, and it is necessary to conduct a legal review of the issues. There is a lot of controversy over the interpretation of the serious accidents punishment act in legal practice and industry due to its unclear content. Therefore, we examine the constitutional court and supreme court precedents to determine whether there are any unconstitutional parts of the serious accident punishment act, and examine various legal principles raised by the business community, courts, the ministry of justice, and experts to identify unconstitutional elements and improve suitable legal principles that should be applied in industrial sites. As a detailed improvement plan, first, the responsible managing officer should be changed to the person who actually in charge of safety and health measures, second, the courts and national assembly which are not central administrative agencies should include their head officers, third, the special types of workers should be included in implement the obligation to ensure safety and health. Fourth, improvements should include specifics such as the managerial instruction and education of safety and health in business or workplaces, fifth, improvements should be made to include unincorporated organizations. In the future, the government, the business community, and the labor community need to work together to find ways to improve the act, and complementary legislation should be enacted to ensure that the Act is consistent with the provisions of the Constitution and fulfills its purpose. In addition, the serious accidents punishment act should be improved to focus on prevention rather than punishment and become a tool for preventing accidents. In this paper, we have analyzed the unconstitutional elements of the act and the issues of legal responses of companies to suggest ways to improve the unconstitutional elements.