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초록

영어

China is based on a socialist state system, which exercises a powerful right to punish violations. There are rules of punishment in case of violation of employer’s, regulator’s, and even worker’s. However, the history of Safety and Health Act in China is not long enough to protect workers. Nevertheless, the advantage of Chinese Occupational Safety and Health Act is that it had accurate and explicit rules of punishment, which are similar to Korean rules. It should be taken into account that employers are more responsible in China than in Korea. The economic activity of employers leads to employment. Therefore, the premise of Occupational Safety and Health Act is made from ‘employment’, which cannot be neglected. Outcome of responsibility should be distinct and discrete. The disadvantage is that the legislative organ has different extents of authority in making each law. Different binding force of laws result to diverse rules of punishment. Recently China is getting considerably more aware of the occupational disease. It’s because industrial disaster victims are increasing due to occupational diseases as types of industries get more diverse. Therefore, occupational diseases should be prevented by accurate rules of law. Chinese Occupational Safety and Health system exercises more powerful right for more strict punishment through distinct and discrete responsibility than Korean system. It still has a limitation that responsibilities are not taken into account until rules are violated.

목차

Ⅰ. 서론
 Ⅱ. 안전보건 관련법률 연혁
 Ⅲ. 사업장에서 안전조치에 관한 사업주 책임
 Ⅳ. 정보 제공의무
 Ⅴ. 위반에 관한 처벌 규정
 Ⅵ. 중국 안전보건법률제도의 시사점
 Ⅶ. 결론
 참고문헌
 

키워드

형사처벌 행정형벌 직업병 안전생산 일반법 특별법 China employer worker violation responsibility Occupational Safety and Health Act

저자

• 조흠학 [ Hmhak, Cho | 법학박사, 산업안전보건연구원(OSHRI) 연구위원 ]

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