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다중인명피해 안전사고에 대한 형사정책적 대응방안 연구
- 작성일2016.01.20
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| 연구책임자 | 이천현 | 소속기관 | 한국형사·법무정책연구원 |
|---|---|---|---|
| 내부연구참여자 | 이천현 외 12인 | 외부참여연구자 | |
| 발행기관 | 한국형사·법무정책연구원 | 공개여부 | 공개 |
| 출판일 | 2015년 12월 | 등록일 | 2016.01.20 |
| 페이지 | 0 | 분류기호 | 15-B-22 / 15-CB-04 |
| 언어 | 한국어 | 판매여부 | |
| 판매가격 | 보고서유형 | ||
| ISBN | 표준분류 | ||
| 연구유형 | 자료유형 |
국문요약 ·············································································1
❘제1장❘서 론 ····································································7
제1절 연구목적 ·····························································································9
제2절 연구범위 및 방법 ·············································································11
❘제2장❘다중인명피해 안전사고의 발생과 규제 현황 ····13
제1절 다중인명피해 안전사고 ·····································································15
Ⅰ. 안전사고와 재난 ··························································································15
Ⅱ. 다중인명피해 안전사고 ···············································································16
제2절 (다중)인명피해 안전사고의 발생 및 피해현황 ··································21
Ⅰ. 총괄: 인적재난 발생현황 ············································································21
Ⅱ. 해양사고 ·······································································································25
1. 해양사고의 개념 ······························································································25
2. 해양사고 발생 및 피해실태 ············································································25
Ⅲ. 항공사고 ·······································································································30
1. 항공사고의 개념 ······························································································30
2. 항공사고 발생 및 피해발생현황 ·····································································30
Ⅳ. 철도사고 ·······································································································34
1. 철도사고의 개념 ······························································································34
2. 철도사고 발생 및 인명피해 현황 ···································································35
3. 철도교통사고 발생원인 ···················································································39
Ⅴ. 화재사고 ·······································································································41
1. 화재사고의 개념 ······························································································41
2. 화재사고 발생 및 피해실태 ············································································41
3. 화재사고 발생원인 ·························································································46
Ⅵ. 붕괴사고 ·······································································································47
1. 붕괴사고의 개념 ······························································································47
2. 붕괴사고 발생 및 피해실태 ············································································47
Ⅶ. 가스사고 ·······································································································50
1. “가스사고”의 개념 ···························································································50
2. 가스사고 발생 및 피해발생 현황 ···································································51
Ⅷ. 폭발사고 ·······································································································54
1. 폭발사고의 개념 ······························································································54
2. 폭발사고 발생 및 피해발생 현황 ···································································55
Ⅸ. 산업재해 ·······································································································57
1. 산업재해의 의의 ······························································································57
2. 산업재해 발생현항 ···························································································57
Ⅹ. 요약 ············································································································64
Ⅺ. 다중인명 피해를 유발한 안전사고의 주요 사례 및 피해현황 ················65
제3절 각종 안전사고 대응관련 행정법령 규제현황 ····································66
Ⅰ. 재난 및 안전관리 법령 현황 ······································································66
1. 안전사고 관련 행정법령 현황 ········································································66
2. 재난 및 안전관리 기본법 ···············································································67
3. ‘교통안전법’ 및 ‘수상에서의 수색･구조 등에 관한 법률’ ···························72
Ⅱ. 해상사고 ·······································································································79
1. 해상사고와 관련 법령 ·····················································································79
2. 해사안전법 ·······································································································80
3. 선박안전법 ·······································································································84
4. 해운법 ···············································································································88
5. 선원법 ···············································································································89
6. 선박의 입항 및 출항 등에 관한 법률 ···························································92
7. 유선 및 도선 사업법 ·······················································································94
8. 수상레저안전법 ································································································96
9. 기타 법령 ·········································································································97
Ⅲ. 항공사고 ·······································································································98
1. 항공사고와 관련법령 ·······················································································98
2. 항공법 ···············································································································99
Ⅳ. 철도사고 ····································································································103
1. 철도사고와 관련법령 ·····················································································103
2. 철도안전법 ·····································································································105
3. 궤도운송법 ·····································································································108
Ⅴ. 화재사고 ····································································································110
1. 화재사고와 관련법령 ·····················································································110
2. 화재예방, 소방시설 설치･유지 및 안전관리에 관한 법률 ·························110
3. 위험물안전관리법 ··························································································112
4. 소방기본법 ·····································································································115
5. 소방시설공사업법 ··························································································117
Ⅵ. 붕괴사고 ····································································································117
1. 붕괴사고와 관련법령 ·····················································································117
2. 시설물의 안전관리에 관한 특별법 ·······························································118
3. 초고층 및 지하연계 복합건축물 재난관리에 관한 특별법 ························122
4. 급경사지 재해예방에 관한 법률 ··································································123
5. 저수지･댐의 안전관리 및 재해예방에 관한 법률 ·······································124
6. 광산보안법 ·····································································································126
Ⅶ. 가스･화생방사고 ························································································127
1. 가스･화생방 사고와 관련법령 ······································································127
2. 고압가스안전관리법 ·······················································································130
3. 액화석유가스의 안전 및 사업관리법 ···························································132
4. 도시가스사업법 ······························································································134
5. 화학물질관리법 ······························································································137
6. 원자력안전법 ·································································································139
Ⅷ. 폭발사고 ····································································································142
1. 폭발사고와 관련 법령 ···················································································142
2. 도시가스사업법･고압가스안전관리법･에너지이용합리화법 ·························143
Ⅸ. 산재사고(산업재해) ····················································································144
1. 산재사고(산업재해)와 관련 법령 ··································································144
2. 산업안전보건법 ······························································································144
Ⅹ. 소결 ············································································································149
제4절 형사법상의 대응현황 ······································································150
Ⅰ. 형사법상의 처벌법규 ················································································150
1. 형법상 업무상과실치사죄 ·············································································150
2. 그 외 형사법상 처벌규정 ·············································································151
3. 다중인명피해범죄의 경합범 가중에 관한 특례법안 ···································154
4. 이른바 유병언법: 범죄수익은닉의 규제 및 처벌 등에 관한 법률 ············155
Ⅱ. 다중인명피해 안전사고에 있어서 각 관련자의 형사책임 ······················156
1. 직접적 사고 책임자 ······················································································156
2. 경영주 및 감독자 ··························································································159
3. 관계 공무원 ···································································································166
❘제3장❘주요 국가에서의 다중인명피해 안전사고에 대한 형사정책적 대응 ···············································173
제1절 독일 ································································································175
Ⅰ. 서론 ············································································································175
Ⅱ. 독일에서의 다중인명피해 안전사고 관련 대응체계 ·······························176
1. 독일 연방정부의 안전사고 대응시스템 현황 ··············································176
2. 각 주(州)의 안전사고 대응시스템 현황 ·····················································179
3. 자원봉사형태의 지원 조직･단체 ··································································181
Ⅲ. 독일에서의 다중인명피해 안전사고 관련 제재 ······································184
1. 다중인명피해 안전사고 분야별 제재규정의 체계 ·······································184
2. 화재 및 일반재난 관련 대응법률 ································································185
3. 화재 및 일반재난 관련 해센 주의 대응법률 ··············································188
4. 붕괴사고 관련 법률 ······················································································192
5. 철도사고 관련 대응법률 ···············································································195
6. 선박사고 관련 대응법률 ···············································································201
7. 항공사고 관련 대응법률 ···············································································206
8. 원자력사고 관련 대응법률 ···········································································213
9. 산업재해사고 관련 대응법률 ········································································220
Ⅳ. 안전사고 관련자 형사책임 ·······································································225
1. 독일 형법상 과실치사상죄 및 공무관련상해죄 ···········································225
2. 사고 관련자 형사책임에 관한 연구 ·····························································227
3. 독일 경합법 처벌 관련 규정 검토 ······························································233
4. 독일의 징벌적 손해배상 논의 ······································································237
Ⅴ. 다중인명피해 안전사고에 대한 독일의 최근 대응동향 ·························238
1. 기업 등의 처벌 및 규제를 위한 입법적 대응동향 ·····································238
2. 안전교육 등 의무부과와 제재 ······································································239
3. 기타 사고 관련 조사 기구 형사정책적 대응 ··············································241
Ⅵ. 독일에서의 다중인명피해 안전사고 관련 주요 사례연구 ······················245
1. 개요 ················································································································245
2. 화재 ················································································································245
3. 붕괴･압사사고 ································································································247
4. 폭발 ················································································································250
5. 철도: 1998년 고속철(ICE) 사고·································································250
6. 선박사고: 최근의 다중인명피해 미발생 사고 ·············································252
7. 항공 ················································································································253
8. 원자력･화생방･가스누출 관련 사고 ·····························································255
Ⅶ. 결론 ············································································································256
제2절 미국 ································································································258
Ⅰ. 미국의 대형안전사고 관련 대응체계 검토 ··············································258
1. 대형안전사고의 개념 ·····················································································258
2. 연방 차원의 대형안전사고 대응 체계 ·························································259
3. 지역 단위의 대형안전사고 대응 체계 ·························································267
4. 자원봉사 조직 ······························································································269
5. 시사점 ············································································································270
Ⅱ. 미국의 안전사고 관련 법제 – 형사처벌 조문을 중심으로 ····················271
1. 재해경감 및 위난지원법
(Stafford Disaster Relief and Emergency Assistance Act) ··············271
2. 화재 안전 관련 규정 ···················································································272
3. 건축 안전 관련 규정 - 표준 건축 규칙(International Building Code) ····274
4. 철도 안전 관련 규정 ····················································································276
5. 선박 안전 관련 규정 – 연방 선박 규정(46 U.S.C, Shipping) ···············278
6. 항공기 사고 관련 규정 ···············································································280
7. 원자력 안전 관련 규정 ·················································································283
8. 폭발물 안전 관련 규정 ·················································································285
9. 산업 재해 관련 법규 ···················································································286
Ⅲ. 안전사고 관련자의 형사책임 ····································································289
1. 안전사고 행위자의 형사책임 ········································································289
2. 고용주의 형사책임 – 법인의 형사책임 ·······················································299
3. 경합범 처벌 ···································································································304
Ⅳ. 다중인명피해 안전사고 관련 주요 사례 연구 ········································309
1. 화재 사고 – 스테이션 나이트클럽 화재 사고
(The Station nightclub fire) ····································································309
2. 붕괴 사고 – 미니애폴리스 Ⅰ-35W 교량 붕괴 사고································312
3. 철도(지하철) 사고 – 2013년 스푸이텐 두이빌 탈선 사고························316
4. 선박 사고 – 2003년 스태튼 아일랜드 페리호 충돌 사고 ······················318
5. 항공기 사고 – 에버글레이즈 벨류젯 592 사고·········································321
6. 원자력 사고 – 스리마일섬 원자력 발전소 사고 ·········································323
7. 폭발사고 – 산 브루노 파이프라인 폭발사고 ··············································326
8. 산업 재해 사고 – 웨스트 비료공장 폭발사고 ············································329
Ⅴ. 결론 ············································································································332
제3절 일본 ································································································334
Ⅰ. 서론 ············································································································334
1. 문제의식의 소재 ····························································································334
2. 본 연구의 분석틀··························································································335
Ⅱ. 다중인명피해 안전사고에 대한 대응 시스템 및 논의 등의 전반적 상황···339
１. 개요 ···············································································································339
２. 형사법 ···········································································································340
３. 민사법 ···········································································································342
４. 행정법 ···········································································································344
５. 시장···············································································································345
Ⅲ. 개별 영역에서의 사고대응 시스템 및 주요 사례 ··································346
１. 화재 ···············································································································346
２. 붕괴사고 ·······································································································357
３. 폭발사고 ·······································································································359
４. 철도사고 ·······································································································361
５. 선박사고 ·······································································································388
６. 항공기사고 ····································································································406
７. 원자력사고 ····································································································416
８. 산업재해 ·······································································································450
Ⅳ. 현황에 대한 평가에 대하여 : 일본의 다중인명피해 안전사고에 대한 형사정책적 대응의 위치와 과제 ······························································461
１. 역사적 배경에 대하여·················································································462
２. 형사정책 시스템의 위치에 대하여·····························································463
３. 예방기능에 대하여·······················································································464
４. 피해자에 대하여···························································································465
５. 복구효과에 대하여·······················································································466
Ⅴ. 전망 및 결론 ·····························································································466
１. 전망···············································································································466
2. 결론················································································································471
❘제4장❘다중인명피해 안전사고 발생 및 처리실태에 관한 사례조사 ···························································473
제1절 서론 ································································································475
Ⅰ. 연구 배경 및 목적 ····················································································475
Ⅱ. 주요 연구 내용 ·························································································477
1. 정부출범 이후 분야별 다중인명피해 안전사고 발생 및 현황조사 ·········477
2. 다중인명피해 안전사고 유형별 피해실태에 대한 주요 사례 연구 ·········477
3. 다중인명사고의 형사사법 처리(처벌)의 합리화 방안 도출 ······················478
Ⅲ. 연구방법 ····································································································478
1. 사례연구 ·······································································································478
2. 전문가 활용 ···································································································478
Ⅳ. 사례선정 및 조사방법 ··············································································479
1. 선정된 사례별 조사방법 ···············································································481
2. 사례선정 과정 ································································································483
3. 최종 조사대상 사례 ······················································································487
제2절 주요 사례 심층 분석 ······································································489
Ⅰ. 해상사고 ····································································································489
1. 1967년 한일호-충남호 추돌사고 ·································································489
2. 1970년 남영호 침몰사고 ·············································································491
3. 1993년 서해 훼리호 침몰사고 ····································································494
4. 2006년 흑산도 예인부선 충돌사고 ·····························································500
Ⅱ. 항공기사고 ·································································································505
1. 1987년 KAL기 미얀마 폭발사고 ································································505
2. 1989년 대한항공 트리폴리 추락사고 ·························································507
3. 1989년 울릉도 헬기 추락사고 ····································································510
4. 1993년 아시아나항공 목포 운거산 추락사고 ·············································512
Ⅲ. 철도사고 ····································································································515
1. 1981년 경산 열차 추돌사고 ········································································515
2. 1993년 부산 구포역 열차 전복사고 ···························································518
3. 2003년 신태인역 호남선 철도사고 ·····························································526
4. 2003년 대구 지하철 화재사고····································································529
5. 2009년 의정부역 경전철 붕괴사고·····························································538
Ⅳ. 화재사고 ····································································································542
1. 1971년 서울 대연각 호텔 화재사고 ···························································542
2. 1999년 씨랜드 청소년수련원 화재사고 ······················································546
3. 1999년 동인천 (라이브Ⅱ)호프집 화재사고 ················································551
4. 2001년 서울 홍제동 화재사고 ····································································554
5. 2008년 이천 ‘주식회사 코리아2000’냉동창고 화재사고 ··························558
Ⅴ. 붕괴사고 ····································································································564
1. 1970년 와우아파트 붕괴사고 ······································································564
2. 1993년 충북 청주 우암상가 붕괴사고 ·······················································569
3. 1994년 성수대교 붕괴사고 ··········································································572
4. 1995년 삼풍백화점 붕괴사고 ······································································578
5. 2005년 이천 물류창고 붕괴사고 ·································································584
6. 2014년 경주 마우나리조트 강당 붕괴사고 ················································589
Ⅵ. 가스･화생방사고 ························································································594
1. 2011년 고양 이마트 냉동기 냉매 누출사고 ··············································594
2. 2012년 구미 (주)휴브글로벌 공장 불산 누출사고 ·····································604
3. 2013년 당진 현대제철 아르곤 가스 누출사고 ···········································611
Ⅶ. 폭발사고 ····································································································618
1. 1977년 이리역 화약 수송열차 폭발사고 ····················································618
2. 1994년 서울 아현동 가스공급기지 폭발사고 ·············································624
3. 1995년 대구 지하철 1호선 공사장 가스 폭발사고 ···································630
4. 2000년 여수 호성케멕스(주) 폭발사고 ·······················································637
5. 2001년 여수 호남석유화학 폭발사고 ·························································640
6. 2010년 통영 삼호조선소 폭발사고 ·····························································642
7. 2011년 울산 세진중공업 폭발사고 ·····························································644
8. 2013년 여수 대림산업 폭발사고 ·································································646
Ⅷ. 산업재해 ····································································································655
1. 2010년 부산 현대산업개발 추락사고 ·························································655
2. 2010년 부산 성벽종합건설 추락사고 ·························································660
3. 2011년 현대EP 울산공장 폭발사고 ····························································664
4. 2012년 LG화학 청주공장 폭발사고 ···························································669
5. 2013년 노량진 배수지 연결관로 수몰사고 ················································677
제3절 시사점과 형사정책적 개선방향 ·······················································683
Ⅰ. 사례분석 시사점 ························································································683
1. 사례분석 시사점 ····························································································683
2. 사고유형별 특징 및 시사점 ··········································································684
3. 종합적 시사점 ································································································688
Ⅱ. 형사정책적 개선방향 ················································································700
1. 안전사고에 대한 형사정책의 기본방향 ·····················································700
2. 안전사고 형사정책 수립의 난제 ··································································704
3. 안전사고에 대한 형사정책적 개선방향 ·······················································706
Ⅲ. 소결 ············································································································720
❘제5장❘다중인명피해 안전사고에 대한 형사정책적 대응방안 ···························································725
제1절 다중인명피해 안전사고에 대한 형사정책적 대응의 기본방향 ········727
Ⅰ. 안전사고 대응을 위한 형사정책적 개입 방향 ········································727
Ⅱ. 관련자에 대한 합리적 제재 방안 모색: 2014년 세월호 사건
판결과 관련하여 ························································································729
Ⅲ. 세월호 사건 개요와 판결 ·········································································731
1. 사건개요 ·········································································································731
2. 이 사건 사고･사망의 원인 ···········································································733
3. 형사처벌과 관련한 주요 쟁점 ······································································738
4. 행위자별 판결 결과 ······················································································741
5. 판결의 의미 ···································································································745
제2절 각종 안전사고 대응관련 법령의 정비방안 ·····································750
Ⅰ. 사전예방 기능의 강화 ··············································································750
1. 안전점검 등 의무 ··························································································750
2. 업무종사자 등의 주의의무: 음주･약물 ························································753
3. 자격관리 ·········································································································754
4. 안전관리자 선임의무 ·····················································································755
5. 교육･훈련 강화 ······························································································758
Ⅱ. 사고 발생 후 사고조치의무 등 위반과 처벌 ··········································761
1. 사고 구호조치 등 의무위반과 처벌 ·····························································762
2. 사고발생 후 인명구호조치 불이행에 의한 사상의 결과 발생과 처벌 ······765
Ⅲ. 의무불이행에 의한 사고 유발 및 사상 결과 발생과 처벌 ····················766
Ⅳ. 업무상과실에 의한 사고 유발 및 사상 결과 발생과 처벌 ····················769
1. 업무상 과실에 의한 사고유발 및 사상 결과 발생과 처벌 ························769
2. 업무상 과실에 의한 사상 결과발생과 처벌 ················································772
Ⅴ. 비범죄화와 법정형 정비 ···········································································772
1. 소액 벌금형 비범죄화 검토: 과태료 전환··················································772
2. 징역형과 벌금형의 정합성 확보 ··································································774
Ⅵ. 기타 정비방안 ···························································································776
1. 명확성의 확보 ································································································776
2. 의무위반에 대한 제재와 의무이행명령 위반에 대한 제재 관계 정립 ····777
3. 궤도운송법의 정비························································································778
4. 특칙규정 정비································································································779
제3절 다중인명피해 안전사고 관련자에 대한 합리적 제재 방안 ·············780
Ⅰ. 중형주의와 형사정책 ················································································780
1. 중형주의의 문제점 ························································································780
2. 중벌 무용론···································································································783
3. 검토 ················································································································784
Ⅱ. 경합범에 대한 합리적 제재 ·····································································788
1. 서론 ··············································································································788
2. 현행 형법총칙규정에 따른 다중인명피해 안전사고에 대한 규율·············789
3. 다중인명피해범죄의 경합범 가중에 관한 특례법안 ···································792
4. 검토 ················································································································817
5. 소결: 경한 처벌의 회피 필요성···································································818
Ⅲ. 업무상과실치사상죄의 정비 ·····································································820
1. 논의의 필요성································································································820
2. 우리 형법 및 특별법상 업무상과실치사상죄에 대한 규정 ························821
3. 입법례 검토 ···································································································836
4. 형법상 업무상과실치사상죄의 개정 필요성················································840
5. 형법 및 특별법상 벌금 액수의 문제 ···························································843
6. 실체적 경합범 규정 정비 필요성의 재강조 ················································844
Ⅳ. 경영주 또는 감독자에 대한 제재 ····························································845
1. (업무상)과실치사죄 적용의 한계 ··································································845
2. 감독과실책임 이론에 따른 형사책임의 적극적 검토 가능성·····················848
3. 위험의 외주화 경향 문제 ·············································································852
4. 이른바 유병언법: 범죄수익은닉의 규제 및 처벌 등에 관한 법률의 문제····854
Ⅴ. 관계 공무원에 대한 제재 ·········································································858
1. (업무상)과실치사죄 및 부진정부작위범 인정의 어려움·····························858
2. 독일의 공무 중 상해에 관한 처벌규정 ·······················································860
3. 공무원 징계의 정비 필요성··········································································862
4. 유책 공무원에 대한 퇴직급여 수급권에 대한 제한 ···································865
제4절 조직처벌 강화 ················································································869
Ⅰ. 기업처벌의 한계와 필요성 ·······································································869
1. 기업처벌의 현행법상의 한계 ········································································869
2. 안전사고와 기업처벌의 필요성····································································871
Ⅱ. 기업책임의 강화와 기업살인법 ································································871
1. 대형사고에 대한 기업처벌의 강화와 기업살인법 ·······································871
2. 주요 국가의 기업살인법 ···············································································873
Ⅲ. 소결 ············································································································875
❘제6장❘결 론 ································································877
1. 각종 안전사고 대응관련 법령의 정비방안 ·············································879
2. 다중인명피해 안전사고 관련자에 대한 제재는 합리적이어야 한다. ···882
참고문헌 ···········································································885
Abstract ··········································································903
부록 ··················································································911
❘제1장❘서 론 ····································································7
제1절 연구목적 ·····························································································9
제2절 연구범위 및 방법 ·············································································11
❘제2장❘다중인명피해 안전사고의 발생과 규제 현황 ····13
제1절 다중인명피해 안전사고 ·····································································15
Ⅰ. 안전사고와 재난 ··························································································15
Ⅱ. 다중인명피해 안전사고 ···············································································16
제2절 (다중)인명피해 안전사고의 발생 및 피해현황 ··································21
Ⅰ. 총괄: 인적재난 발생현황 ············································································21
Ⅱ. 해양사고 ·······································································································25
1. 해양사고의 개념 ······························································································25
2. 해양사고 발생 및 피해실태 ············································································25
Ⅲ. 항공사고 ·······································································································30
1. 항공사고의 개념 ······························································································30
2. 항공사고 발생 및 피해발생현황 ·····································································30
Ⅳ. 철도사고 ·······································································································34
1. 철도사고의 개념 ······························································································34
2. 철도사고 발생 및 인명피해 현황 ···································································35
3. 철도교통사고 발생원인 ···················································································39
Ⅴ. 화재사고 ·······································································································41
1. 화재사고의 개념 ······························································································41
2. 화재사고 발생 및 피해실태 ············································································41
3. 화재사고 발생원인 ·························································································46
Ⅵ. 붕괴사고 ·······································································································47
1. 붕괴사고의 개념 ······························································································47
2. 붕괴사고 발생 및 피해실태 ············································································47
Ⅶ. 가스사고 ·······································································································50
1. “가스사고”의 개념 ···························································································50
2. 가스사고 발생 및 피해발생 현황 ···································································51
Ⅷ. 폭발사고 ·······································································································54
1. 폭발사고의 개념 ······························································································54
2. 폭발사고 발생 및 피해발생 현황 ···································································55
Ⅸ. 산업재해 ·······································································································57
1. 산업재해의 의의 ······························································································57
2. 산업재해 발생현항 ···························································································57
Ⅹ. 요약 ············································································································64
Ⅺ. 다중인명 피해를 유발한 안전사고의 주요 사례 및 피해현황 ················65
제3절 각종 안전사고 대응관련 행정법령 규제현황 ····································66
Ⅰ. 재난 및 안전관리 법령 현황 ······································································66
1. 안전사고 관련 행정법령 현황 ········································································66
2. 재난 및 안전관리 기본법 ···············································································67
3. ‘교통안전법’ 및 ‘수상에서의 수색･구조 등에 관한 법률’ ···························72
Ⅱ. 해상사고 ·······································································································79
1. 해상사고와 관련 법령 ·····················································································79
2. 해사안전법 ·······································································································80
3. 선박안전법 ·······································································································84
4. 해운법 ···············································································································88
5. 선원법 ···············································································································89
6. 선박의 입항 및 출항 등에 관한 법률 ···························································92
7. 유선 및 도선 사업법 ·······················································································94
8. 수상레저안전법 ································································································96
9. 기타 법령 ·········································································································97
Ⅲ. 항공사고 ·······································································································98
1. 항공사고와 관련법령 ·······················································································98
2. 항공법 ···············································································································99
Ⅳ. 철도사고 ····································································································103
1. 철도사고와 관련법령 ·····················································································103
2. 철도안전법 ·····································································································105
3. 궤도운송법 ·····································································································108
Ⅴ. 화재사고 ····································································································110
1. 화재사고와 관련법령 ·····················································································110
2. 화재예방, 소방시설 설치･유지 및 안전관리에 관한 법률 ·························110
3. 위험물안전관리법 ··························································································112
4. 소방기본법 ·····································································································115
5. 소방시설공사업법 ··························································································117
Ⅵ. 붕괴사고 ····································································································117
1. 붕괴사고와 관련법령 ·····················································································117
2. 시설물의 안전관리에 관한 특별법 ·······························································118
3. 초고층 및 지하연계 복합건축물 재난관리에 관한 특별법 ························122
4. 급경사지 재해예방에 관한 법률 ··································································123
5. 저수지･댐의 안전관리 및 재해예방에 관한 법률 ·······································124
6. 광산보안법 ·····································································································126
Ⅶ. 가스･화생방사고 ························································································127
1. 가스･화생방 사고와 관련법령 ······································································127
2. 고압가스안전관리법 ·······················································································130
3. 액화석유가스의 안전 및 사업관리법 ···························································132
4. 도시가스사업법 ······························································································134
5. 화학물질관리법 ······························································································137
6. 원자력안전법 ·································································································139
Ⅷ. 폭발사고 ····································································································142
1. 폭발사고와 관련 법령 ···················································································142
2. 도시가스사업법･고압가스안전관리법･에너지이용합리화법 ·························143
Ⅸ. 산재사고(산업재해) ····················································································144
1. 산재사고(산업재해)와 관련 법령 ··································································144
2. 산업안전보건법 ······························································································144
Ⅹ. 소결 ············································································································149
제4절 형사법상의 대응현황 ······································································150
Ⅰ. 형사법상의 처벌법규 ················································································150
1. 형법상 업무상과실치사죄 ·············································································150
2. 그 외 형사법상 처벌규정 ·············································································151
3. 다중인명피해범죄의 경합범 가중에 관한 특례법안 ···································154
4. 이른바 유병언법: 범죄수익은닉의 규제 및 처벌 등에 관한 법률 ············155
Ⅱ. 다중인명피해 안전사고에 있어서 각 관련자의 형사책임 ······················156
1. 직접적 사고 책임자 ······················································································156
2. 경영주 및 감독자 ··························································································159
3. 관계 공무원 ···································································································166
❘제3장❘주요 국가에서의 다중인명피해 안전사고에 대한 형사정책적 대응 ···············································173
제1절 독일 ································································································175
Ⅰ. 서론 ············································································································175
Ⅱ. 독일에서의 다중인명피해 안전사고 관련 대응체계 ·······························176
1. 독일 연방정부의 안전사고 대응시스템 현황 ··············································176
2. 각 주(州)의 안전사고 대응시스템 현황 ·····················································179
3. 자원봉사형태의 지원 조직･단체 ··································································181
Ⅲ. 독일에서의 다중인명피해 안전사고 관련 제재 ······································184
1. 다중인명피해 안전사고 분야별 제재규정의 체계 ·······································184
2. 화재 및 일반재난 관련 대응법률 ································································185
3. 화재 및 일반재난 관련 해센 주의 대응법률 ··············································188
4. 붕괴사고 관련 법률 ······················································································192
5. 철도사고 관련 대응법률 ···············································································195
6. 선박사고 관련 대응법률 ···············································································201
7. 항공사고 관련 대응법률 ···············································································206
8. 원자력사고 관련 대응법률 ···········································································213
9. 산업재해사고 관련 대응법률 ········································································220
Ⅳ. 안전사고 관련자 형사책임 ·······································································225
1. 독일 형법상 과실치사상죄 및 공무관련상해죄 ···········································225
2. 사고 관련자 형사책임에 관한 연구 ·····························································227
3. 독일 경합법 처벌 관련 규정 검토 ······························································233
4. 독일의 징벌적 손해배상 논의 ······································································237
Ⅴ. 다중인명피해 안전사고에 대한 독일의 최근 대응동향 ·························238
1. 기업 등의 처벌 및 규제를 위한 입법적 대응동향 ·····································238
2. 안전교육 등 의무부과와 제재 ······································································239
3. 기타 사고 관련 조사 기구 형사정책적 대응 ··············································241
Ⅵ. 독일에서의 다중인명피해 안전사고 관련 주요 사례연구 ······················245
1. 개요 ················································································································245
2. 화재 ················································································································245
3. 붕괴･압사사고 ································································································247
4. 폭발 ················································································································250
5. 철도: 1998년 고속철(ICE) 사고·································································250
6. 선박사고: 최근의 다중인명피해 미발생 사고 ·············································252
7. 항공 ················································································································253
8. 원자력･화생방･가스누출 관련 사고 ·····························································255
Ⅶ. 결론 ············································································································256
제2절 미국 ································································································258
Ⅰ. 미국의 대형안전사고 관련 대응체계 검토 ··············································258
1. 대형안전사고의 개념 ·····················································································258
2. 연방 차원의 대형안전사고 대응 체계 ·························································259
3. 지역 단위의 대형안전사고 대응 체계 ·························································267
4. 자원봉사 조직 ······························································································269
5. 시사점 ············································································································270
Ⅱ. 미국의 안전사고 관련 법제 – 형사처벌 조문을 중심으로 ····················271
1. 재해경감 및 위난지원법
(Stafford Disaster Relief and Emergency Assistance Act) ··············271
2. 화재 안전 관련 규정 ···················································································272
3. 건축 안전 관련 규정 - 표준 건축 규칙(International Building Code) ····274
4. 철도 안전 관련 규정 ····················································································276
5. 선박 안전 관련 규정 – 연방 선박 규정(46 U.S.C, Shipping) ···············278
6. 항공기 사고 관련 규정 ···············································································280
7. 원자력 안전 관련 규정 ·················································································283
8. 폭발물 안전 관련 규정 ·················································································285
9. 산업 재해 관련 법규 ···················································································286
Ⅲ. 안전사고 관련자의 형사책임 ····································································289
1. 안전사고 행위자의 형사책임 ········································································289
2. 고용주의 형사책임 – 법인의 형사책임 ·······················································299
3. 경합범 처벌 ···································································································304
Ⅳ. 다중인명피해 안전사고 관련 주요 사례 연구 ········································309
1. 화재 사고 – 스테이션 나이트클럽 화재 사고
(The Station nightclub fire) ····································································309
2. 붕괴 사고 – 미니애폴리스 Ⅰ-35W 교량 붕괴 사고································312
3. 철도(지하철) 사고 – 2013년 스푸이텐 두이빌 탈선 사고························316
4. 선박 사고 – 2003년 스태튼 아일랜드 페리호 충돌 사고 ······················318
5. 항공기 사고 – 에버글레이즈 벨류젯 592 사고·········································321
6. 원자력 사고 – 스리마일섬 원자력 발전소 사고 ·········································323
7. 폭발사고 – 산 브루노 파이프라인 폭발사고 ··············································326
8. 산업 재해 사고 – 웨스트 비료공장 폭발사고 ············································329
Ⅴ. 결론 ············································································································332
제3절 일본 ································································································334
Ⅰ. 서론 ············································································································334
1. 문제의식의 소재 ····························································································334
2. 본 연구의 분석틀··························································································335
Ⅱ. 다중인명피해 안전사고에 대한 대응 시스템 및 논의 등의 전반적 상황···339
１. 개요 ···············································································································339
２. 형사법 ···········································································································340
３. 민사법 ···········································································································342
４. 행정법 ···········································································································344
５. 시장···············································································································345
Ⅲ. 개별 영역에서의 사고대응 시스템 및 주요 사례 ··································346
１. 화재 ···············································································································346
２. 붕괴사고 ·······································································································357
３. 폭발사고 ·······································································································359
４. 철도사고 ·······································································································361
５. 선박사고 ·······································································································388
６. 항공기사고 ····································································································406
７. 원자력사고 ····································································································416
８. 산업재해 ·······································································································450
Ⅳ. 현황에 대한 평가에 대하여 : 일본의 다중인명피해 안전사고에 대한 형사정책적 대응의 위치와 과제 ······························································461
１. 역사적 배경에 대하여·················································································462
２. 형사정책 시스템의 위치에 대하여·····························································463
３. 예방기능에 대하여·······················································································464
４. 피해자에 대하여···························································································465
５. 복구효과에 대하여·······················································································466
Ⅴ. 전망 및 결론 ·····························································································466
１. 전망···············································································································466
2. 결론················································································································471
❘제4장❘다중인명피해 안전사고 발생 및 처리실태에 관한 사례조사 ···························································473
제1절 서론 ································································································475
Ⅰ. 연구 배경 및 목적 ····················································································475
Ⅱ. 주요 연구 내용 ·························································································477
1. 정부출범 이후 분야별 다중인명피해 안전사고 발생 및 현황조사 ·········477
2. 다중인명피해 안전사고 유형별 피해실태에 대한 주요 사례 연구 ·········477
3. 다중인명사고의 형사사법 처리(처벌)의 합리화 방안 도출 ······················478
Ⅲ. 연구방법 ····································································································478
1. 사례연구 ·······································································································478
2. 전문가 활용 ···································································································478
Ⅳ. 사례선정 및 조사방법 ··············································································479
1. 선정된 사례별 조사방법 ···············································································481
2. 사례선정 과정 ································································································483
3. 최종 조사대상 사례 ······················································································487
제2절 주요 사례 심층 분석 ······································································489
Ⅰ. 해상사고 ····································································································489
1. 1967년 한일호-충남호 추돌사고 ·································································489
2. 1970년 남영호 침몰사고 ·············································································491
3. 1993년 서해 훼리호 침몰사고 ····································································494
4. 2006년 흑산도 예인부선 충돌사고 ·····························································500
Ⅱ. 항공기사고 ·································································································505
1. 1987년 KAL기 미얀마 폭발사고 ································································505
2. 1989년 대한항공 트리폴리 추락사고 ·························································507
3. 1989년 울릉도 헬기 추락사고 ····································································510
4. 1993년 아시아나항공 목포 운거산 추락사고 ·············································512
Ⅲ. 철도사고 ····································································································515
1. 1981년 경산 열차 추돌사고 ········································································515
2. 1993년 부산 구포역 열차 전복사고 ···························································518
3. 2003년 신태인역 호남선 철도사고 ·····························································526
4. 2003년 대구 지하철 화재사고····································································529
5. 2009년 의정부역 경전철 붕괴사고·····························································538
Ⅳ. 화재사고 ····································································································542
1. 1971년 서울 대연각 호텔 화재사고 ···························································542
2. 1999년 씨랜드 청소년수련원 화재사고 ······················································546
3. 1999년 동인천 (라이브Ⅱ)호프집 화재사고 ················································551
4. 2001년 서울 홍제동 화재사고 ····································································554
5. 2008년 이천 ‘주식회사 코리아2000’냉동창고 화재사고 ··························558
Ⅴ. 붕괴사고 ····································································································564
1. 1970년 와우아파트 붕괴사고 ······································································564
2. 1993년 충북 청주 우암상가 붕괴사고 ·······················································569
3. 1994년 성수대교 붕괴사고 ··········································································572
4. 1995년 삼풍백화점 붕괴사고 ······································································578
5. 2005년 이천 물류창고 붕괴사고 ·································································584
6. 2014년 경주 마우나리조트 강당 붕괴사고 ················································589
Ⅵ. 가스･화생방사고 ························································································594
1. 2011년 고양 이마트 냉동기 냉매 누출사고 ··············································594
2. 2012년 구미 (주)휴브글로벌 공장 불산 누출사고 ·····································604
3. 2013년 당진 현대제철 아르곤 가스 누출사고 ···········································611
Ⅶ. 폭발사고 ····································································································618
1. 1977년 이리역 화약 수송열차 폭발사고 ····················································618
2. 1994년 서울 아현동 가스공급기지 폭발사고 ·············································624
3. 1995년 대구 지하철 1호선 공사장 가스 폭발사고 ···································630
4. 2000년 여수 호성케멕스(주) 폭발사고 ·······················································637
5. 2001년 여수 호남석유화학 폭발사고 ·························································640
6. 2010년 통영 삼호조선소 폭발사고 ·····························································642
7. 2011년 울산 세진중공업 폭발사고 ·····························································644
8. 2013년 여수 대림산업 폭발사고 ·································································646
Ⅷ. 산업재해 ····································································································655
1. 2010년 부산 현대산업개발 추락사고 ·························································655
2. 2010년 부산 성벽종합건설 추락사고 ·························································660
3. 2011년 현대EP 울산공장 폭발사고 ····························································664
4. 2012년 LG화학 청주공장 폭발사고 ···························································669
5. 2013년 노량진 배수지 연결관로 수몰사고 ················································677
제3절 시사점과 형사정책적 개선방향 ·······················································683
Ⅰ. 사례분석 시사점 ························································································683
1. 사례분석 시사점 ····························································································683
2. 사고유형별 특징 및 시사점 ··········································································684
3. 종합적 시사점 ································································································688
Ⅱ. 형사정책적 개선방향 ················································································700
1. 안전사고에 대한 형사정책의 기본방향 ·····················································700
2. 안전사고 형사정책 수립의 난제 ··································································704
3. 안전사고에 대한 형사정책적 개선방향 ·······················································706
Ⅲ. 소결 ············································································································720
❘제5장❘다중인명피해 안전사고에 대한 형사정책적 대응방안 ···························································725
제1절 다중인명피해 안전사고에 대한 형사정책적 대응의 기본방향 ········727
Ⅰ. 안전사고 대응을 위한 형사정책적 개입 방향 ········································727
Ⅱ. 관련자에 대한 합리적 제재 방안 모색: 2014년 세월호 사건
판결과 관련하여 ························································································729
Ⅲ. 세월호 사건 개요와 판결 ·········································································731
1. 사건개요 ·········································································································731
2. 이 사건 사고･사망의 원인 ···········································································733
3. 형사처벌과 관련한 주요 쟁점 ······································································738
4. 행위자별 판결 결과 ······················································································741
5. 판결의 의미 ···································································································745
제2절 각종 안전사고 대응관련 법령의 정비방안 ·····································750
Ⅰ. 사전예방 기능의 강화 ··············································································750
1. 안전점검 등 의무 ··························································································750
2. 업무종사자 등의 주의의무: 음주･약물 ························································753
3. 자격관리 ·········································································································754
4. 안전관리자 선임의무 ·····················································································755
5. 교육･훈련 강화 ······························································································758
Ⅱ. 사고 발생 후 사고조치의무 등 위반과 처벌 ··········································761
1. 사고 구호조치 등 의무위반과 처벌 ·····························································762
2. 사고발생 후 인명구호조치 불이행에 의한 사상의 결과 발생과 처벌 ······765
Ⅲ. 의무불이행에 의한 사고 유발 및 사상 결과 발생과 처벌 ····················766
Ⅳ. 업무상과실에 의한 사고 유발 및 사상 결과 발생과 처벌 ····················769
1. 업무상 과실에 의한 사고유발 및 사상 결과 발생과 처벌 ························769
2. 업무상 과실에 의한 사상 결과발생과 처벌 ················································772
Ⅴ. 비범죄화와 법정형 정비 ···········································································772
1. 소액 벌금형 비범죄화 검토: 과태료 전환··················································772
2. 징역형과 벌금형의 정합성 확보 ··································································774
Ⅵ. 기타 정비방안 ···························································································776
1. 명확성의 확보 ································································································776
2. 의무위반에 대한 제재와 의무이행명령 위반에 대한 제재 관계 정립 ····777
3. 궤도운송법의 정비························································································778
4. 특칙규정 정비································································································779
제3절 다중인명피해 안전사고 관련자에 대한 합리적 제재 방안 ·············780
Ⅰ. 중형주의와 형사정책 ················································································780
1. 중형주의의 문제점 ························································································780
2. 중벌 무용론···································································································783
3. 검토 ················································································································784
Ⅱ. 경합범에 대한 합리적 제재 ·····································································788
1. 서론 ··············································································································788
2. 현행 형법총칙규정에 따른 다중인명피해 안전사고에 대한 규율·············789
3. 다중인명피해범죄의 경합범 가중에 관한 특례법안 ···································792
4. 검토 ················································································································817
5. 소결: 경한 처벌의 회피 필요성···································································818
Ⅲ. 업무상과실치사상죄의 정비 ·····································································820
1. 논의의 필요성································································································820
2. 우리 형법 및 특별법상 업무상과실치사상죄에 대한 규정 ························821
3. 입법례 검토 ···································································································836
4. 형법상 업무상과실치사상죄의 개정 필요성················································840
5. 형법 및 특별법상 벌금 액수의 문제 ···························································843
6. 실체적 경합범 규정 정비 필요성의 재강조 ················································844
Ⅳ. 경영주 또는 감독자에 대한 제재 ····························································845
1. (업무상)과실치사죄 적용의 한계 ··································································845
2. 감독과실책임 이론에 따른 형사책임의 적극적 검토 가능성·····················848
3. 위험의 외주화 경향 문제 ·············································································852
4. 이른바 유병언법: 범죄수익은닉의 규제 및 처벌 등에 관한 법률의 문제····854
Ⅴ. 관계 공무원에 대한 제재 ·········································································858
1. (업무상)과실치사죄 및 부진정부작위범 인정의 어려움·····························858
2. 독일의 공무 중 상해에 관한 처벌규정 ·······················································860
3. 공무원 징계의 정비 필요성··········································································862
4. 유책 공무원에 대한 퇴직급여 수급권에 대한 제한 ···································865
제4절 조직처벌 강화 ················································································869
Ⅰ. 기업처벌의 한계와 필요성 ·······································································869
1. 기업처벌의 현행법상의 한계 ········································································869
2. 안전사고와 기업처벌의 필요성····································································871
Ⅱ. 기업책임의 강화와 기업살인법 ································································871
1. 대형사고에 대한 기업처벌의 강화와 기업살인법 ·······································871
2. 주요 국가의 기업살인법 ···············································································873
Ⅲ. 소결 ············································································································875
❘제6장❘결 론 ································································877
1. 각종 안전사고 대응관련 법령의 정비방안 ·············································879
2. 다중인명피해 안전사고 관련자에 대한 제재는 합리적이어야 한다. ···882
참고문헌 ···········································································885
Abstract ··········································································903
부록 ··················································································911
본 공공저작물은 공공누리 “출처표시+상업적이용금지+변경금지” 조건에 따라 이용할 수 있습니다.