• Journal of the Korea Construction Safety Engineering Association
• /
• s.25
• /
• pp.76-79
• /
• 1997

근대적인 산업의 발달에 수반하여 유감스럽게도 산업재해가 발생하고 있으며, 사업주도, 근로자도, 그리고 국가도 그 방지에 크게 노력하고 있다. 특히 직장의 관리책임자인 사용자는 안전보건에 대해 일정한 기준을 지키도록 산업안전보건법에서 의무를 부과하고 있다. 최근에는 무재해운동 등 노사의 관심이 높아지고 재해의 발생들은 줄어드는 경향에 있으나 아직도 우리들의 주변에서 언제 산업재해가 발생할지 모른다. 그러므로 안전보건에 관해 준수하여야 할 기준이나, 만약 재해가 발생한 경우의 조치에 대해 사업주도, 근로자도 충분한 지식을 갖고 있는 것이 필요하다. 이 ‘산재보험법률’ 상담은 이와 같은 취지에서 편집되는 것이다. 따라서 근로자가 업무상 부상하고 또는 질병에 걸렸을 때에 사용자가 어떠한 보상의무를 부담하는가의 기본은 대부분의 근로자가 적용받고 있는 산업재해보상보험법(이하 ‘산재보험법’이라 한다)에 의해서 각종의 보험급여를 받는 원칙으로 되어 있다. 그 결과 어느 재해가 과연 업무상인가, 아닌가, 어느 정도의 장해급여를 받을 것인가. 누가 유족급여의 수급자인가 등의 보험급여의 운영에 대한 어려움에 빠지는 경우가 생기곤 한다. 본고는 이에 대한 궁금증을 풀어드리고 업무수행에 도움이 되고자 하는 데 그 목적을 두었다.

• The Safety technology
• /
• no.193
• /
• pp.56-57
• /
• 2014

• 한국사회정책
• /
• v.20 no.3
• /
• pp.171-195
• /
• 2013

One of the current issues in Workers' Compensation Insurance is about the coverage range. Korea uses the definition of worker under the Labor Standards Act in Workers' Compensation Act and solved the problems associated with the coverage range of insurance group by the exceptional clause only for the groups which was raised about the need for the social protection. The purpose of this paper is to draw implications for solving problems which are associated with the coverage range of insurance group by reviewing the German literature. We focus on volunteers and persons in special types of employment. German government supports the activity of volunteers by providing with the protection service against the accidents. This paper shows how the coverage range is extended from the dependent employees in the introduction of the Workers' Compensation Insurance to the people who need social protection focusing on the volunteers. The implications of this research are following. First, German system shows that Workers' Compensation Insurance can be extended to the groups which do not belong to the dependent employee but are worthy of protection. Second, it is necessary to provide volunteers in the social welfare system with the protection service against the accidents and the statutory accident scheme is recommendable to use. Third, volunteers in the social welfare system need to be compulsory insured. Fourth, Korea should find their own way in solving problems associated with persons in special types of employment.

• KOREAN ASSOCIATION OF OCCUPATIONAL HEALTH NURSES
• /
• v.13 no.3 s.48
• /
• pp.37-41
• /
• 2006

• The Safety technology
• /
• no.153
• /
• pp.6-10
• /
• 2010

• The Safety technology
• /
• no.201
• /
• pp.56-57
• /
• 2014

• Journal of the Korean Society of Marine Environment & Safety
• /
• v.28 no.4
• /
• pp.567-576
• /
• 2022

Seafarers are exposed to various unpredictable maritime risks due to the spatial specificity of the working environment of the sea; thus, sufficient compensation for injured crewmembers is needed. However, Korea does not provide such compensation. Therefore, this study attempted to examine the Maritime Labor Act and the Industrial Accident Insurance Act of Germany, an advanced European social insurance country, and derive implications compared to Korea. First, we investigated how compensations are managed by a public institution in Germany and by shipowners in Korea. Second, regarding the contents of accident compensation, Germany does not only provide continuous treatment and care through various support systems, but also operates various programs to enable a return to ship work. In contrast, Korea has a temporary compensation system that allows shipowners to avoid liability for accident compensation, which is disadvantageous to shipwrecked seafarers. Finally, in Germany, workers' compensation insurance is public, judged considering the origin of work, whereas in Korea, it is determined by shipowners or insurance companies. Therefore, it is necessary to establish a public institution in charge of crew accident compensation to ensure proper compensation for crewmembers in Korea and to improve the Seafarers Act or system to provide compensation for additional medical care, disability pension, and rehabilitation benefits.

• 월간 기계설비
• /
• s.224
• /
• pp.54-63
• /
• 2009

2009년 개정된 노동법이 발표되었다. 이번 개정에는 ${\triangle}$차별금지 및 사회정책분야 ${\triangle}$산업안전보건 및 산재보험 분야 ${\triangle}$남녀고용평등과 일 가정 양립지원에 관한 법률 벌칙 등이 포함되었다. 본지는 개정된 노동법 중 회원사 인사담당 실무자들이 꼭 알아야 할 내용을 개제한다.

• The Journal of the Korea Contents Association
• /
• v.18 no.8
• /
• pp.483-493
• /
• 2018

Through the improvement of the Labor Relations Act, the Social Insurance Act, and the Artists Welfare Act for occupational status and rights of artists, the character of workers, joining exception in the Employment Insurance Act, and applying exception in the National Health Insurance Act and the National Pensions Act should be recognized. For this, the scope of workers should be expanded through the interpretation of the court and legislation of the Labor Relations Act, and supporting range of social insurance should be expanded by applying exception in the National Health Insurance Act and joining exception in the Employment Insurance Act for artists who are currently excluded. Artists' compensation insurance that is an optional entry system and paid entirely by artists need to have effectiveness of the system through insurance support. The Artists Welfare Act also needs to be revised to strengthen legal protection for artists and it is important to secure finances for artists' welfare projects. The standard contract should be mandatory and a career certification system for artists should be established so that artists who need welfare benefits can not be omitted.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.87-130
• /
• 2015

In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.