산업재해의 직접적인 원인은 작업자의 불안전한 행동과 작업과정에서의 안전시설 설치미흡으로 인한 불안전한 상태로와 기술적, 교육적, 관리적 원인의 복합적인 형태로 발생되는데 그 가운데 산업안전보건법상의 건설공사 각 공종 별 기술적인 안전시설설치 기준이 건설업 종사자에게 쉽게 적용하기가 현행 법기준에는 문제점이 있으며 이러한 복잡한 법기준을 분석하여 안전사고 예방 기법에 적용하고자 제시하고자하며, 향후에 이를 바탕으로 산업안전보건법상의 안전기준을 체계적으로 분석하여 제시하고자 한다.

This study was intended to help workplaces set up an occupational health & safety management system by investigating the certification of the system and by conducting a questionnaire to survey the necessity, purpose, effect and promotion of the system. The occupational health & safety management systems generally adopted in Korea are OHSAS 18001 and K-OHSMS 18001, which are the PDCA model, such like the quality and environment management system. Because these standards have a compatibility with other management systems, individual or integral certification is available. A telephone questionnaire was conducted with 30 workplaces in Kyeonggi Province and Incheon Metropolitan City, which have been certified for the occupational health & safety management systems (OHSAS 18001, KOSHA 2000, and/or K -OHSMS 18001). About 92 percent of them were large-sized workplaces with over 500 employees. For the question on the necessity of the system, most of the respondent answered very necessary. The purposes of the certification were to control the risks in safety and health, to have a systematic approach for accident prevention and sustainable improvement, and to comply with a range of regulations voluntarily, in that order. Most of the answers to the question on the effect of the system were prevention of accident. For the question on the promotion of the system, the most prominent answer was reduction in the workers compensation rate.

우리나라의 산업안전 ·보건 수준은 ＇81년 산업안전보건법이 제정됨으로써 획기적으로 발전하여, 80년대부터 산업재해 발생율이 감소추세를 보여왔다. 정부정책 측면에서 보면, '80년 이전까지는 주로 사후 보상문제에 치중하였고 산업안전보건법이 제정된 이후부터 본격적인 재해예방 정책이 수립 ·추진되기 시작하였다. 그러나, 이러한 변화 속에서 사업장 안전 ·보건관리 체계는 규제완화에 따른 안전보건관리체계 약화, 안전보건관리체계의 중복, 법집행의 실효성 미약, 공공-민간의 효율적인 역할 수행체계 미흡, 근로자의 참여부족 등 많은 문제점들을 안고 있다. 따라서 본 논문에서는 미국, 영국, 독일, 일본 등 우리보다 앞서있는 선진국의 산업안전보건체계를 재해통계제도, 안전보건 관련법, 재해예방기관의 활동 등의 측면에서 살펴보고 우리나라의 관리체계와 비교하여 개선 및 발전 방향을 모색하고자 하였다.

We have endured a lot of social and economic loss due to the industrial calamities. A study for the government policies to reduce the loss in the field of industrial safety and health leaves much to be desired. The practical one on the government policies industrial safety and health policies, however, hasn't been accomplished as much expected. The purpose of this study is to suggest a research framework fir the execution process analysis, which is needed to find out the desirable or undesirable elements of industrial safety and health policies. The focus of the analysis lays on a policy problem of the industrial safety and health criteria. And based on this paper, it will proceed to the practical research for the industrial safety and health policies.

산업재해로 인한 개인·사회·국가적 손실이 막대함에도 불구하고, 이러한 산업재해손실을 최소화하기 위한 산업안전보건정책의 결정과 집행과정에 대한 분석·연구는 매우 미흡한 실정이며, 유사한 성격의 사회정책으로서 공정거래제도나 환경분야보다도 훨씬 뒤떨어 져 있다 본 논문은 산업안전보건기준이라는 정책과제를 중심으로 산업안전보건정책의 집행 과정의 성공과 실패요인의 분석에 필요한 연구분석들을 제시하고자 하며, 향후에 이를 바탕으로 실증적인 적용실태연구를 통해 산업안전보건정책방향의 일단을 제시하고자 한다.

This article is concerned with various aspects of establishing the global standard for occupational safety and health management system (OHSMS). The notion, main features, and brief history of the OHSMS are presented. The OHSAS 18000, its assets and liabilities, are reviewed as a prototype of the global standard. It is also addressed the possibility of combining ISO 9000(quality management system), 14000(environmental management system) and the OHSMS into the integrated management system (IMS) as a whole. The concepts of internal and external customers are presented to explain why the environment, safety and health should be incorporated into the notion of total quality 'Participation of the members' and 'standardization of the 4Ms (Man, Machine, Materials and Method)'are emphasized as the major enablers of the IMS. Finally, the industrial, academic and governmental roles are discussed for developing the IMS and setting it down into the Korean industries.

This article is based on the recent Supreme Court decision on Article 66–2 of the Industrial Safety and Health Act, which calls for the criminal responsibility of the employer in the event of a worker being killed or injured because of violation of the safety measure, I want to critically analyze some of the problems that appear. There was some comment on the judgment of the labor law in academia, and it was positively evaluated that the significance of the case was further on the position of the Supreme Court. And it is pointing out the problem of the law of the industrial safety health law itself. However, my judgment is that there is not a change in the judiciary that recognizes the nature of the employer as an employer in the case of the rise of the contractor’s worker, but because the employee of the laborer accidentally performed work supervision duties at the accident site, But only as an employer in the punishment rule, and as a result, the original company was punished, but it does not appear to be a judicial judgment with great significance. If the employees of the original company are not sent to the work site where there is a possibility of accidents in the future, the possibility of punishment by the original employer is still insufficient if they are supervised more poorly. However, in my judgment, the object of judgment is the inherent problem of the Industrial Safety and Health Act, namely, the listed list of the constitutional elements of the crime, which is appended to the end of the individual statute, a special penalty constitutional requirement called “administrative criminal law” The Court has not specifically pointed this point, but instead acknowledged the corporation’s liability on the basis of exceptional facts. Although the Court recognizes the inherent limitations of the judiciary which must be bound by the given laws and the scope of the indicted cases, the Court is also concerned with the legality of the law, It should be pointed out.