Earticle

한국의 한센인 정책 중 비교적 성공한 제도로 알려진 정착촌제도는 나름의 성과와 함께 그 한계를 보여주었다. 1960년 초 당시 정부가 강제적 완전격리제도를 취하고 있던 일본과 달리 상대적인 격리제도인 정착촌정책으로 합리적인 정책전환을 한 것은 한센병 역사에서 평가할만한 일이다. 이를 통해 한센인들은 자신들만의 특수공간에서 자립의지를 통해 경제적인 자립을 어느 정도 이룰 수 있었다. 이는 정부가 정착촌의 공간문제를 국유지의 불하를 통해 해결해 주었고 이후 정착촌이 도입한 축산업의 시장확보의 난관을 적절히 도아주어 정착촌 경제의 초기 어려움을 극복할 수 있도록 해주었던 것에 힘입은 바가 큰 것이 사실이다. 그렇지만 이런 국가의 원조는 한센인조직의 조합화를 통한 통제로 이어져 정착촌 내의 한센인의 인권문제를 야기하였고 외부적으로는 적극적이고 완전한 사회복귀의 길을 저해하는 원인이 되었다. 이후 축산업의 위기와 환경문제의 유발, 정착촌 노동력의 고령화, 사회의 민주화, 대도시 주변의 개발과정 속에서 정착촌은 중대한 위기를 맞이하고 한센인의 인권침해의 규명과 보상 그리고 완전한 사회복귀의 문제는 해결을 보지 못한 채 다시금 풀어야 할 과제로 등장하였다. 이제 한센인의 원활한 사회복귀의 문제는 당사자의 철저한 각성과 권리를 위한 노력을 통해서 이루어질 수 있다는 자명한 진실에 이르게 된다. 이와 함께 국가와 사회의 노력이 병행되어야 한센인 인권문제는 현실적으로 해결될 수 있다. 국가는 과거의 한센인 인권침해사건을 철저히 규명하고 그 피해자의 명예와 손해를 회복하는 조치를 취해야 하고 한센인의 생활안정을 위한 보조금을 지급할 필요가 있다. 그리고 국가는 시민단체와 함께 교육과 홍보를 통해 한센인의 경험과 현실을 공유하면서 한센인의 완전한 사회복귀를 가능하게 하는 구체적인 방안을 마련해야 한다. 일반인 역시 한센인문제의 특수성을 이해하고 이를 보편적인 인권문제로 인식하여 한센인의 사회복귀의 장애를 제거하는데 협력하여야 한다. 한센인의 문제는 그 사회의 인권수준을 가늠하게 할 수 있는 척도가 되고 국가와 국민은 한센인의 인권을 보장하고 존중해야 할 의무를 부담하기 때문이다.

The leprosy patient's(Hansen disease patient's) settlement village policy of Korean government has been regarded as successful by foreign countries but unexpectedly has suffered it's side-effects. In early 1960's the reasonable policy shift from the absolute isolation policy which is a legacy of Japanese colonial days toward the settlement village policy was right in the Korean Hansen disease history. Through this policy, Hansen's people has obtained economic independence by hard work. The government helped the Hansen's peoples in the settlement village to have sufficient room for animal raising farm by selling them state land and to arrange the market for their products：eggs, meat. This assistance enabled the Hansen's people in the settlement village to overcome the early difficulties which they would encounter in the farm management. But, this kind of state assistance leaded to the control over Hansen's people in the settlement village through the Hansen's people semi-autonomous association. In addition, it hindered the perfect social inclusion of Hansen's people. A crisis in livestock industry after UR in 1990's, environment problem in the animal raising farm, growth in portion of the old labour force in settlement village, democratization of the society, and development project around the farm have pushed the settlement village to a crisis. The discovery of infringement of Hansen's people's fundamental right before 1960's, compensation of the loss, and perfect social inclusion have not yet occurred. We still should solve the problems that is still over us. The mission of the social inclusion of Hansen's peoples can be only completed successfully through the endeavor of the Hansen's people themselves. And if the state and society all together do their best, the Hansen's people's problem can be perfectly solved.

This essential to enhance the welfare of employees in a today's welfare state. It is desperate to secure a safety and a health in the way to provide the work. Even though it has been exerted to procure a health and safety for a long time with the administrative power, there occurred some situations which could not be solved by this way. In these circumstances, it arise as an urgent problem to establish restrictions on a health and safety and to establish the new law of health and safety in European countries is a decentralized and self regulating approach as I examined. It is highly depended on a self regulating reaction by owner's own risk. In summary, to enact self regulating management system for safety and health which is basis on a risk analysis is the work to be solved. To enhance a level of safety and health, it is needed to make a rule which could reflect an employees' opinions and should be made by owner. We need to break today's the administrative laws and regulations which regards screening and punishment as important thing and I think that we need to make the Industrial Health and Safety Act for voluntary restriction which can realize a self regulating safety and health that is running systemically and continuously a risk analysis, an examine a fulfillment, planning, running, analysis and an enhancement.

Risk assessment is a voluntary measure taken by employers to manage risks in workplaces with the goal of preventing accidents and illnesses in workplaces and ensuring safety and health at work. Therefore, risk assessment is a way to protect the health and safety of workers as well as to reduce accidents. For the maximum effect of the risk assessment, employers need to take charge in the whole managing processes of the workplace. However, the biggest problem lies in the issue of accountability where the risk assessment has not been conducted, despite the fact that employers are required to do so. For those who fail to fulfill their responsibility, traditional punishment is imposed. However, the use of other regulatory measures including, suspension of business, suspension of service, or suspension of operation are important as well. On the other hand, decentralization of occupational safety and health offices to Local government other than the Central government business is also an issue. For a Local government, many central government business and headquarters need to be transferred to Local governments. However, indiscriminate decentralization and transfer of offices go against the principles of the law and may give rise to the issue of basic rights violation. Therefore, it needs to be seen whether the decentralization of offices to local areas lead to the realization of supplementary principle and whether that may violate the basic rights of people. So, in applying this Act, close attention shall be given so as not to infringe unreasonably on the right of citizens, and this Act shall not apply arbitrarily for any other purpose which deviates from the original purpose.

This study was aimed to improve the quality of administrative regulations by understanding the overall regulation compliance including regulation effectiveness and rate of regulation compliance and recognition of the employers, selected education organizations, workers and inspectors. By understanding this, we sought to provide the basic data required for building and improving administrative regulations for occupational safety and health. The subjects for this study included employers, workers, selected education organizations and labor inspectors, where each subject was site visited. The results from the regulation compliance research showed high levels of regulation recognition, acknowledgement and compliance from the employers of the Non-regulation organization and workers of the 3rd organizations. However, the efforts to increase the regulation compliance level must continue. Although the level of regulation compliance was high, the government must continue to develop promotion activities, systems, and incentives associated with regulations in order to sustain the high levels of regulation compliance. Unlike other existing safety and health regulations, regulation organization has shown rather negative response toward understanding, necessity and the purpose of the regulation compared to other organizations. Thus it is required to make sure that the inspectors fully comprehend the necessity and the purpose of the regulation. Regarding the contents, duration and class sizes for the qualification certification and technique acquirement that are operating in selected education organizations, workers, inspectors and selected organizations have evaluated as generally appropriate. Also, the risk level for hazardous and dangerous tasks were considered as dangerous by more than 50% of all workers and employers, where most of them responded to the losses and seriousness of occupational accidents as very serious. In order to increase the level of regulation compliance based on these results, first, education promotion and periodical announcement of the regulation compliance should be strengthened, second, better understanding of the tasks and regulation effectiveness of the enforcement of administrative regulation should be confirmed in regulation organizations, and third, modification of the current regulation to a more realistic regulation considering low demand and number of selected education organizations should be made.