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초록

영어

Everyone hopes to be born, live and die healthfully. But workers are always subjected to the unhealthful conditions by means of the machinery and the chemical industry in the capital production system. Hitherto the labor law has regulated the workers' working conditions or working environment. But I think that worker's right to health to guarantee worker's health and life is more important than workers' working condition or working environment.
This paper first of all takes the problems of hitherto labor law which has regulated worker's unhealthful conditions and employer's obligation of taking caring worker into consideration. On a basis of those problems this paper proposes the workers' right to health which the workers guarantee by themselves at the factory system.
First, the nation should take an affirmative action to protect workers' right to health on a basis of the Constitution Law sec. 36 ③ and International Covenant on Economic, Social and Cultural Rights sec. 12. Therewith the nation and public authority should not restrain or infringe this right by means of the regulations or public administration actions.
Secondly, worker should claim their right to health against their employer as the working condition. The employer should guarantee workers' right to health as follows; ① worker's right to participation in an organization․project and administration related to guarantee worker's health, ② worker's right to prevent the danger of worker's health, ③ worker's right to medical check-up, ④ worker's right to compensation, ⑤ worker's right to health promotion.

목차

Ⅰ. 들어가는 말
 Ⅱ. 근로자의 건강장해요인과 사업주의 건강배려의무
  1. 근로자의 건강장해요인과 그 법적 대응
  2. 사업주의 건강배려의무와 그 한계
 Ⅲ. 근로자의 건강권
  1. 건강의 개념
  2. 건강권의 법적 성질
  3. 근로자의 건강권의 내용
 Ⅳ. 나오는 말
 참고문헌
 

키워드

건강권 건강장해요인 산업안전보건법 국제인권규약 A규약 ILO 제155호 협약 ILO 제187호 협약 참여권 위험방지권 건강관리권 건강증진권 the Workers' Right to Health working conditions working environment worker's right to participation worker's right to medical check-up worker's right to health promotion

저자

• 김교숙 [ Kim, Gyo-Sook | 부산외국어대학교 법경찰학부 교수 ]

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