Journal of the Society of Disaster Information ISSN:1976-2208(Print) 2671-5287(Online) 한국재난정보학회논문집

Purpose: The purpose of this study is to analyze the legal nature of the Serious Accidents Punishment Act(SAPA) for workplaces to establish and operate the Safety and Health Management System(SHMS), and reflect it in the construction document of the SHMS. Method: Analyze cases of judgments on serious accidents since the enactment of the SAPA. Investigate the legal nature of the SAPA and the relationship between other laws. Analyze the differences between the SAPA and the SHMS. Through these activities, select the legal requirements of the SAPA necessary for establishment and operation of the SHMS. Result: Even in workplaces that have established SHMS, serious industrial accidents have occurred. The SAPA interprets failure to fulfill obligations given by the law when a serious accident occurs as an act of omission and punishes it, and the violations of the SHMS result in the cancellation or suspension of certification. Conclusion: When establishing and operating the SHMS, the contents of the SAPA must be accurately reflected, and when implementation of this is given top priority, the legal obligations of business owners and managers are met.