통근재해 보호를 위한 입법정책적 방안 연구

Abstract

Commuting accident isn't now accepted for accident due to work. An employee who is injured while going to or coming from the place of employment falls within the coverage of the worker's compensation act, only if the transportation to the place of work is furnished by the employer and the injury occurs while the worker is being transported in a vehicle under the management and control of the employer. It is constantly being debated that an employee should also be compensated for an injury sustained while generally going to or returning from work but to be accepted for accident due to work. It is possible to assert that commuting accident should be accepted for accident due to work in comparative legal terms and in the light of fairness in accepting for accident due to work. By the way, with the protection for whole injuries occurring during travel, it is facing financial problems. In Germany and Japan, the protection for injuries sustained while generally going to or returning from work brought additional charge from 15% to 20% and there's a drift towards increasing amount of compensation for commuting accident. As protecting for injuries sustained while generally going to or returning from work, therefore, to minimize a financial burden compensation for commuting accident, such as that of Japan, should be introduced not as accident due to work but as a special disaster. It requires additional effort to balance with other related laws with legislative policy because this would lead to the problem that it is against equity.