출퇴근재해 관련 헌법불합치 결정과 입법개선 방안 검토

Abstract

According to the Industrial accident compensation insurance act, the commuting accident occurs while he/she commutes to or from work using a transportation means provided by his/her business owner or other similar means under the control and management of his/her business owner. However, The Constitutional Court recently ruled on the unconstitutionality of the article concerned. The Constitutional Court determined that the compensation for a general commuting accident is possible, the determination is a reasonable.

It is rational conclusion, because it should be considered the aspect of social insurance rather than the aspect of liability insurance. In addition, it is true of forward-looking views of industrial accident compensation insurance. The Constitutional Court determined the unconstitutionality that discrimination between benefit worker and non-benefit worker and presented additional opinion that a strict criteria should be applied, even if social security benefit rights. The Constitutional Court also conclude that the commuting accident should be included in the application, be indistinguishable from typical accident on duty. Therefore, the legislature can progress legislative work late in a way to include the commuting accident in typical type of accident on duty or different type.

This paper reviewed the main contents of legislation bills from the whole point of view. As a result, they are reasonable in terms of The Constitutional Court’s decision and future-oriented perspective. However, the contents of enforcement decree that allows the exception should be justified according to the point of view of the a strict criteria of review.