산업기계ㆍ기구의 의무안전인증제도

Abstract

In our country victim and death toll from the industrial accident reach 90,000 and 2,400 every year. To be more particular, on average 260 workers suffer from the industrial accident, and the death toll stands at 7 workers included. Last 2008, the number of the industrial accident victims is 95,806, and this means that one industrial accident took place every 5 minutes and 30 seconds. 2008 economic loss caused by the industrial accident worked out at 17 trillion won to GDP by 2%. This economic loss hits 64 times of natural disaster, 1.6 times of car accident. According to the statistics, injury ratio of the industrial machinery is high such as injury ratio of the industrial machinery represents 25% of all industrial accident, and in fatal accident caused by the industrial accident, injury ratio of the industrial machinery occupies 25%. It is provided in industrial safety and health act that industrial machinery & equipment included an subject of mandatory safety certification are specified in the implementing order. Article 34, Section 2 of industrial safety and health act violate the prohibition against broad delegation that the Constitution prohibits. Article 75 of the Constitution states that commissioned contents with definite range are provided in an executive order. To avoid breaking the prohibition against unlawfully broad delegation, commissioned content, purpose, and range have to be concretely limited and authorized law must not only hold of base of authorization, but hold certain degree of rule. As delegating content to be ruled by an executive order or a departmental order, namely Authorized law have to rule purpose, standard, and any other content to be considered. Considering a precedent of the Constitutional Court, predictability is the limit of delegated legislation. As set industrial machinery included subject of mandatory safety certification based on a precedent of the Constitutional Court, prediction about whether include some industrial machineries in an subject of mandatory safety certification is actually impossible even though judge systematically overall system, intent, and purpose besides Article 34 of industrial safety and health act. Industrial safety and health act is introducing mandatory safety certification as a representative system for safety. As providers that are not being certificated are banned the import, manufacture, sale, and display by Mandatory safety certification system on industrial machinery, mandatory safety certification system restricts seriously basic right for industrial machinery's provider. Although it restricts basic right for industrial machinery's provider, mandatory safety certification system is not achieving its purpose because have been continuously the industrial accident caused by industrial machinery. The main reason for this is that fail to prevent the industrial accident at industrial machinery than an subject of mandatory safety certification as an subject of mandatory safety certification is limited to 8 items by enforcement order of industrial safety and health act. To minimize the industrial accident thus, there is a need of expanding subject of mandatory safety certification considering frequency, degree of industrial accident. According to principle of safety act, the technical standard required safety supervison is set followed a top level of technology currently available." Therefore it should be kept to minimize the industrial accident by improving level that principle of safety act is required.