Earticle

초록

영어

Results that compare the special medical examination of foreign law system with Korea law system, there is necessity to open informations concerning workers’health to an employer. However, there is no regulations that should be done opening to an employer.
If an employer analyzes open to meaning that must protect workers’æhealth before the occurrence of accidents through the continuous interest and management, it seems to be necessary. However, as a matter of fact, the medical examination data is used to restructure an organization without workers’healthcare. Like this, the workers’disadvantage is expected to happen through the irrational direction or command of an employer.
Therefore, the plan that can offer essential informations that need in healthcare should be readied to solve this problems that happen the workers’à disadvantage.
If the results of medical examination of observed persons or persons with abnomal findings is appeared, the medical examination service must offer necessary data. And, at this time, the medical examination service should offer informations that are agreed and conferred by workers in the advance to an employer. Then, it seems to be able to protect the right to know and
privacy.
Among some opinions, if see in meaning that the high obligation than low should be enforced on the Occupational Safety and Health Act, it can claim that can sacrifice personal information protection for the health precaution.
So, in the solutions, this can see that do not understand enough legal basis in case of the occasion that open to employer taking advantage of workers’è agreement as formal in the advance. Therefore, the workers’agreement sees that must be agreement by my pure expression that another person’ suggestions is excluded by the method that is the normal in formality.
Simply thinking that it is reasonable to behave which the value is high, it brings the nonlegal binding force to do the prior agreement before the medical examination. Therefore, I see that must take advantage of workers’ agreement through the enough investigation after the medical examination results appears. Like this, passing the process seems to be the plan to solve the problems that happen by judging the obligation value through penal provisions in point of time that importance about personal information have characterized recently.

목차

Ⅰ. 연구목적
 Ⅱ. 특수건강진단의 법률적 이론
  1. 근로자에 대한 안전보건의 권리와 건강권의 법률적 근거
  2. 산업안전보건법의 특수건강진단의 근거
  3. 특수건강진단의 내용
  4. 특수건강진단위반의 처벌규정
 Ⅲ. 특수건강진단의 개인정보에 관한 문제점
  1. 헌법의 사생활비밀침해보호 권리와 개인정보보호
  2. 외국의 개인정보보호
  3. 건강진단정보 보호에 관한 법률적 근거
  4. 의무 충돌의 문제점
 Ⅳ. 결론
 참고문헌
 

키워드

저자

• 조흠학 [ Hm-hak Cho | 법학박사, 산업안전보건연구원 연구위원 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  사회법연구 [Studies of Social Security Law]

• 간기

  연3회

• pISSN

  1738-1118

• 수록기간

  2003~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340