산업재해 사망 피해의 형사 규제 방향

Abstract

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.