2006년 국회를 통과한 비정규직 법안과 노사관계 선진화법안의 해설

조흠학 한국노총중앙연구원 2006 노동저널 : 새로운 노동운동의 지평을 여는 Vol.2006 No.12

특수형태 근로종사자의 법률적 보호방안의 이론적 근거

조흠학 한국노총중앙연구원 2009 노동저널 : 새로운 노동운동의 지평을 여는 Vol.2009 No.6

산업안전보건법에서 사업주 교육의 실효성 확보 방안에 관한 연구

조흠학 한국사회법학회 2008 社會法硏究 Vol.0 No.11

국민기초생활보장법의 수급권에 관한 재고찰

조흠학 한국사회법학회 2005 社會法硏究 Vol.0 No.4

한국과 영국의 산업안전보건법 처벌에 관한 비교 연구

조흠학 한국비교노동법학회 2010 노동법논총 Vol.18 No.-

Safety and health in work places has been considered an important problem in enterprise organization due to changing enterprise organization forms in developing industrial society. Accordingly, mandatory regulations were established for workers to be able to work in a safe and comfortable environment. These regulations were established under the employer's responsibility in the Occupational Safety and Health Act. Results that compared punishment system of the Korean Occupational Safety and Health Act with foreign punishment systems showed a significant difference in punishment outcomes. In Korea, penalty for fatal accidents does not exceed 20,000,000 won, but in Britain, penalty for small violation results in fine exceeding 20,000 pounds. Recently, the Corporate Manslaughter and Corporate Homicide Act that punishes an enterprise's highest executive for a serious accident according to the Occupational Safety and Health Act has been established in Britain. So, in this paper, some measures to improve the Korean Occupational Safety and Health Act punishment system have been suggested. We presented some measures that require amendment in the punishment regulation through positivism of punishment regulation of Occupational Safety and Health Act, solutions for overlapping duties in the Occupational Safety and Health Act, establishment of publication system, and employer's education on accessory penalty and extension of fines. Although it is a political issue, strengthening of labor supervisor's investigation can improve the efficiency of the law enforcement. Therefore, Strengthening of employer's punishment regulation according to the violation of Occupational Safety and Health Act contributes to safe working environment and is one of the measures for preventing occupational accidents through changing the recognition of occupational safety.

개별적 노사관계법에서의특수형태 근로종사자의 보호방안 - 간병인을 중심으로

조흠학 한국사회법학회 2009 社會法硏究 Vol.12 No.-

The purpose of this study was to look for not only the actual condition of industrial injuries and diseases caused by occupations such as a nurse servicer, but also the strategic prevention measures of such injuries and diseases. The past studies of occupational injury have been focused on regular workers' status, but the atypical employment status has been considered in this research context. This study researched nurse servicer as a part of the independent contractors. According to the research results, the most common cause of infection for nurse servicers was the infection from the patients. The patterns of industrial disasters were analyzed according to work types, and their countermeasures were mapped out on the basis of the results of the study. In conclusion, it was judged that industrial disasters will be effectively prevented by three measures. First, industrial accident compensation insurance should be preferentially applied rather than preventive measures. Second, the education of industrial safety should be provided to the nurse servicers, although it is an administrative problem. Third, medical checkup should be periodically performed. Also, the number of medical institutions for the medical checkoffs should be increased so that the nurse servicers may easily receive the checkups.

사법제도개혁에 따른 노동분쟁제도의 재정립 - 노동법원설립의 당위성에 관하여

조흠학 한국비교노동법학회 2005 노동법논총 Vol.8 No.-

Close examination of current labor disputes shows that labor courts are more effective in settling labor disputes than Labor Commissions. Nevertheless, under the current system, most labor disputes are resolved by judicial decisions in ordinary courts if there are disagreements between the parties concerned after a mediation process. These practices have caused a lot of ineffectiveness since it needs a long period of time and big amount money to reach a verdict in ordinary courts. Therefore, it is desirable to establish a labor court with the function of prompt mediation of current Labor Commissions for the prompt and efficient settlements of labor disputes. Mediation between labor and management is also possible in the labor court since disputes can also be settled through reconciliation, mediation and arbitration as well as trials. In other words, it is more appropriate to establish a labor court with a department exclusively responsible for reconciliation so that labor disputes can be resolved through reconciliation rather than by arbitration in order to avoid unnecessary conflicts.

영국의 산업안전보건법 발달에 관한 고찰

조흠학 한국사회법학회 2013 社會法硏究 Vol.0 No.21

This study shows that the United Kingdom(UK) enacted the Health and Morals of Apprentices Act in 1802, and this act became the first of the Labor Law and the Occupational Safety and Health Acts(OSHA). After that, many kinds of OSHA have been legislated to protect workers and applied up-to-date. The UK adopts case law and an unwritten law called 'Common Law' to be a base. This 'Common Law' has been built up and developed around law reports made by Common court. The UK law, unlike the Continental law which is a special law, legislates when there are specific objectives. And according to the objectives of special regulation, it applies legal binding force. The type of legislation like this plays an important role to change an employer's way of thinking about safety and health of workers at workplace.

사회보험운영의 노사참여에 관한 연구

조흠학,김우영,김순희,김기우,지원순 한국노총중앙연구원 2015 연구총서 Vol.2015 No.3

산업안전보건법 개정안에 관한 소고

조흠학,장유리 한국사회법학회 2018 社會法硏究 Vol.0 No.36

The revised draft of the “Industrial Safety and Health Act” announced this year focuses on expanding the scope of protection and clarifying responsibilities. The purpose of this article is to clarify the ‘worker’ in the object clause, to establish the concept of the owner in the contracting business, the duty of establishing the safety and health plan of the representative of the company (representative director), industrial accident prevention measures of the affiliate business, And it can be evaluated that the workplace has rearranged the safety and health preventive responsibilities that should be taken against the protected object, focusing on what is and what is needed. There have been many criticisms about the main contents of the government's amendment initiative. This can be attributed to the lack of sufficient comment process and in-depth discussions from stakeholders, etc., as the entire process of revision was over 30 years ago. However, it seems that the process has been passed to the National Assembly through a number of procedures and pathways after the amendment has been initiated, and some considerable compromise has been proposed to the National Assembly from the initial legislative notice through the State Council, drawing some stakeholder consensus on key issues. There may be negative opinions about any legislation, but the process of improving and compromising is more important than just staying negative. In this respect, this amendment became an important opportunity to establish itself as the basic law on safety and health, not the special law of the Labor Standards Act, by extending the protection of the objective clause of the Industrial Safety and Health Act from the concept of workers to workers. I believe that the whole revision of the Industrial Safety and Health Act of 1990 is equivalent to the declaration of a paradigm to protect workers' safety and life by preventing work-related disasters. 올해 예고된 「산업안전보건법」 전부개정안은 보호대상의 확대와 책임소재의 명확화에 중점을 두고 있다. 목적 조항에서 ‘일하는 사람’을 천명하고, 도급사업에서의 발주자 개념, 기업의 대표자(대표이사)의 안전보건 계획수립 의무, 가맹본부의 산업재해 예방조치, 타워크레인업의 등록, 처벌기준의 강화를 예로 들 수 있고 이를 통하여 사업장에서 보호대상에 대해 취해야 할 안전보건예방 책임이 무엇이고, 무엇을 필요로 하는가를 중심으로 재정비하였다고 평가할 수 있다. 정부의 개정안 발의 후 주요 내용에 대해 많은 비판이 있었다. 이는 30여 년 만에 전부개정 절차를 거치면서 발의 전 이해관계자 등으로부터 충분한 의견수렴절차나 심도 깊은 논의를 거치지 못한 것에 기인한다고 할 수 있다. 그러나 개정안 발의 이후 수차례에 걸친 의견수렴 절차를 거쳐 핵심적인 사안에 대해 이해관계자의 합의를 어느 정도 이끌어내고 국무회의를 거치면서 최초 입법예고안으로부터 상당히 절충된 안이 국회에 상정된 것으로 보인다. 어느 법안에 대해서나 부정적인 의견은 있을 수 있으나 단지 부정적인 견해에만 머물 것이 아니라 이를 개선하고 절충해 나가는 과정이 더 중요하다. 이런 측면에서 이번 개정안이 「산업안전보건법」의 목적 조항의 보호대상이 근로자라는 개념에서 일하는 사람으로 확대하는 등을 통해 근로기준법의 특별법이 아닌 안전보건에 관한 기본법으로서의 자리매김하는 중요한 계기가 된 것은 1990년의 산업안전보건법 전부개정이 작업병에 의한 재해를 예방함으로써 근로자의 안전과 생명을 보호하는 패러다임을 천명한 것에 비견할만한 의의가 있다고 평가하는 바이다.