업무상 재해 인정기준에 관한 고찰 ― 입법기술적 체계구성을 중심으로 ―A Study on the Criteria for Recognition of the Work-related Accident - By concentrating on the legislative and descriptive system -
- Other Titles
- A Study on the Criteria for Recognition of the Work-related Accident - By concentrating on the legislative and descriptive system -
- Authors
- 박종희
- Issue Date
- 2013
- Publisher
- 한국노동법학회
- Keywords
- 업무상 재해; 업무상 재해 인정기준; 업무상 질병; 업무관련성; 산재보상에서의 증명책임; 상당인과관계; 뇌혈관질환; 심장혈관질환; work-related accidents; criteria for recognition of the work-related accident; work-related diseases; task correlation; responsibility for proving in compensation of industrial injury; proximate causal relationship; cerebrovascular disease; cardiovascular ailments
- Citation
- 노동법학, no.47, pp.97 - 128
- Indexed
- KCI
- Journal Title
- 노동법학
- Number
- 47
- Start Page
- 97
- End Page
- 128
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/133768
- ISSN
- 1229-2141
- 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.
- Files in This Item
- There are no files associated with this item.
- Appears in
Collections - ETC > 1. Journal Articles
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.