산업안전보건법상 도급규제에 대한 비판적 고찰

A Critical Study on the Regulation of Contracts under the Occupational Safety and Health Act

Industrial accident prevention developed countries such as the UK, Germany, Japan, and the United States do not take the view that poor safety and health management of work, whether directly managed or contracted, is a problem and that the work itself is bad. Therefore, no regulations such as contract prohibition and contract approval stipulated in the All-Revised Occupational Safety and Health Act in Korea are found. In addition, it is commonly found that developed countries for industrial accident prevention impose obligations suitable for the status and role of contractors on the premise that contractors do not have a direct employment relationship with contractor workers. Although safety and health regulations for contracts vary slightly depending on advanced industrial accident prevention countries, contractors are generally obligated to manage facilities, machinery and facilities, select qualified contractors, cooperate and coordinate with contractors, guide and supervise contractors, and guarantee sufficient cost and air. Like Korea's fully revised Occupational Safety and Health Act, no legislative example has been found that uniformly stipulates the same obligations as the contractor. Clearly establishing roles and responsibilities in industrial safety and health is a basic safety and health principle for the smooth implementation of industrial safety and health measures. This safety and health principle applies not only to the inside of the organization, but also to legal regulations. Even if safety and health regulations for contracts are strengthened outwardly, failure to faithfully reflect these principles in the legislation will only cause a lot of cost and confusion in the industrial field and make it difficult to operate as effective regulations. The reason why the Occupational Safety and Health Act has not achieved much in preventing industrial accidents for contractors despite strengthening safety and health regulations for contractors than any other country internationally is due to lack of content that does not conform to law principles and safety principles. Therefore, it can be said that it is very urgent to reorganize the legal system for contracting internationally in order to achieve practical protection and accident prevention for contractors.