중대재해 처벌 등에 관한 법률의 체육시설 적용 문제 제기

Abstract

This study is to find the problem and the irrational, unreasonable clause of new enforce law of ‘Severe Accident Punishment Act’ at January 2022 to apply in sports facility, through the content and structure analysis. From the analysis, it was founded serious problem on ‘Severe Accidents for Consumer’ and finally, 5 essential problems were founded through analyzed for 3 main related Law that may occur with high potential. First, the extent of the ‘Severe Accidents for Consumer’ of ‘Severe Accident Punishment Act’ application is regulated by only one legal standard using floor space 1,000 square meter for indoor sports facility. Second, the characteristic of physical activity, movement type, sports competition, fandom, and spectator’s unexpected behavior were ignored on legislation process the ‘Severe Accidents for Consumer’ of ‘Severe Accident Punishment Act’. Third, ‘Severe Accident Punishment Act’ is try to control severe accidents and disaster by excessive laws and regulation. In addition, the sentencing guidelines is too heavy to related infra condition and also, comparison with the sentence of major developed countries. This way control way may in fact be counterproductive. Forth, the meaning of ‘business’, ‘workplace’, ‘domination· operation· management’, ’outsourcing’, ‘consignment’, ‘facility· equipment· space’, and etc. were unclear on ‘Severe Accident Punishment Act’. This unclear law clause may bring market unrest and business disruption. Finally, the purpose to protect people’s life and body would be difficult to reach the new law’s goal by ‘Severe Accident Punishment Act’ that is not reflect the characteristic and on market situation. In addition, these irrational legal issues and problem have high potential to occur irrational legal wrangling also, it can cause new type victim and secondary damage in the legal wrangling. Consequentially, it may pose threat to develop sports industry by excessive application for sports facility.