업무상 재해 인정기준에 관한 고찰 ― 입법기술적 체계구성을 중심으로 ―

Abstract

Criteria for recognition of the work-related accident is the best part of industrial accident compensation insurance. In Korea industrial accident compensation insurance has all the two characteristics both as liability insurance which presupposes the aspect of indemnification for loss and as social insurance programs. Now, industrial accident compensation insurance in Korea externally has the position of the social insurance and plays a role as the social insurance, having gradually had the nature of the social security. Amending Industrial Accident Compensation Insurance Act in 2007, there was an intent not only to secure finance wholesomely but also to have the nature of the social security. In addition, criteria for recognition of the work-related accident was formerly in enforcement regulations of the Industrial Accident Compensation Insurance Act but it is normally in law and enforcement ordinances of the Industrial Accident Compensation Insurance Act now. The criteria for recognition of the work-related accident has been credited a lot with being more strict than it used to be, amending Industrial Accident Compensation Insurance Act. In the face of these facts, this paper covers changes by comparing current criteria for recognition of the work-related accident with that of the past. The results of this study confirm the fact that the criteria is more rigorous than before for related regulations and notification. A further important consideration, however, is that the amendment doesn't do much for Industrial Accident Compensation Insurance Act. This paper also considers a problem from legislative, systematic and descriptive viewpoints. As a result, this paper verifies the points that the amendment is deficient in clearness legislatively and descriptively, not disproportionate to legislative and systematic standpoint and against the direction of the progress from a legislative and policy perspective.