Earticle

초록

영어

This paper is aimed at situation where employees die in the course of work. It analyzes precisely the necessary conditions of applying the article 66-2 to death cases which the Supreme Court has showed us. The conclusion of this paper is this: general tendency of the Supreme Court’s Decisions on applying this article to the cases concerned is so rigid, that employers could escape from the relevant criminal responsibilities without much difficulty. But, the article 66-2 in the Health and Safety at Work Act is very important, because it is the unique article regulating the employer’s criminal liability on the death of employees at work. Specially, under situation that the Supreme Court denies general punishment upon the cooperations based on the Criminal Law, it plays a crucial role to put some meaningful pressure on them. Considering these legal circumstances, major changes on the strick interpretation of the laws are needed and the subjective of changes is the classic principle of criminal liability.

목차

산업안전보건법상 사업주의 형사책임
  Ⅰ. 들어가며
  Ⅱ. 근로자 사망재해의 현황과 제66조의2 입법
  Ⅲ. 제66조의2의 법적 성격과 구조
  Ⅳ. 제66조의2 성립요건과 판례의 태도
  Ⅴ. 제66조의2의 공범과 미수범
  Ⅵ. 형법 제268조 업무상과실치사죄와의 관계
  Ⅶ. 나가며
  참고문헌
  〈Abstract〉

키워드

산업안전보건 산업안전보건법 책임주의 법인의 형사책임 사업주의 형사책임 산재사망 Occupational Health and Safety Accident Death Rate Cooperation’s Liability Principle of Criminal Liability Industrial Accident

저자

• 전형배 [ Hyoung-Bae, Jun | 강원대학교 법학전문대학원 교수 ]

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