Earticle

초록

영어

From the viewpoint of contract relationship and occupational safety and health acts relationship, it is very difficult to define the limit of the scope of responsibility according to legal concept and type of contract. Especially from the viewpoint of contract theory of civil law, asking contents of invited contract, which correspond to autonomous meaning of the contract, to bear of responsibility can be controversial. In addition, It is necessary to judge whether it is appropriate to prohibit subcontracts, in a multi-layered structure such as a secondary, tertiary structure, caused by Individual contract. Forcing by limiting the unconditional contents of contract by law can cause continuous conflict with civil law and enforcing the law. However it is an important issue for worker's life and safety and health to make their responsible for safety and health from workplace of contractor that cause the danger. In this sense, it is reasonable to judge administration area of contractor from meaning of place that gives spatial meaning to the workplace to charge responsibility. And currently, scope of contract responsibility is defined only on the basis of limited space concept, which is the workplace, but if scope of workplace changes due to changes in various industrial environments such as the Fourth Industry, exterior contract also needs to be responsible for safety and health as a general responsibility. Particularly in case of workplace where the harmful substance is handled, a corporate responsibility is required through the prior safety and health management system on provision of information, etc.

목차

Ⅰ. 들어가며
 Ⅱ. 도급의 유형
 Ⅲ. 산업안전보건법에서의 도급의 의미
 Ⅳ. 산안법상 도급 제도의 문제점
 Ⅴ. 결론
 참고문헌
 

키워드

인가제도 도급 원도급 파견 양벌규정 허가 사내하도급 사외도급 Contract Contractor Subcontract Exterior contract Responsibility Civil law Occupational safety and health acts

저자

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

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