• Korean Journal of Social Welfare Studies
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• v.48 no.4
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• pp.221-249
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• 2017

This study aims to investigate determinants that affect job retention of injured workers depending upon types of return to work in order to suggest define the intervention priority for those who returned to original works and for those who did not. After constructing explaining variables based on literature reviews, determinants were verified analyzing 1,292 people using Panel Study of Worker's Compensation Insurance(PSWCI) data. The job retention period turned out to be 46.6 months for those who returned to original work and 34.2 month for those who returned to new works. Injured workers who return to new works tend to have more unemployment experiences. As a result of Cox proportional regression analysis, the longer it takes to return to work, the longer both groups tend to retain after the accident. Age, recuperation period, health status, psycho-social rehabilitation, education and occupational training also affect on job retention probability for those who return to new work. Based upon the analyzed result, setting up an adequate duration for return-to-work, intervention for injured workers who experienced vulnerable working condition before the accident and continuous case management after return-to-work are suggested.

• Health Policy and Management
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• v.28 no.2
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• pp.151-161
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• 2018

Background: Family values of a married woman may be related to her own depressive mood. Since depressive mood of a married woman is likely to exert a negative influence, in terms of mental health, on her, her family members, and the whole society's, it may be very important to explore the relationship between family values in married women and their depressive mood. Methods: In this study, we analyzed nationally representative 5,818 married women aged 20 years or older from the 4th panel data of 2012 Korean Longitudinal Survey of Women and Families. As for variables of interest, we constructed three family values variables: family-oriented view of marriage, individualistic view of marriage, and traditional view of marital roles. Then we employed multivariate logistic regression analyses to explore the relationship between family values and depressive mood, adjusting for family and socio-demographic factors. Results: In total, 804 married women (18.4%) had experienced depressive mood. All of the three family values variables were significant in their relationships with depressive mood. The women categorized as 'very weak' in family-oriented view of marriage were more likely to experience depressive mood than the women categorized as 'very strong' (odds ratio [OR], 1.98; 95% confidence interval [CI], 1.53-2.55). By contrast, the women categorized as 'very weak' in individualistic view of marriage (OR, 0.43; 95% CI, 0.33-0.55) and in traditional view of marital roles (OR, 0.68; 95% CI, 0.51-0.92) were less likely to experience depressive mood than their respective counterpart women categorized as 'very strong.' Conclusion: In Korea, married women's values towards marriage itself and roles between wives and husbands had significant associations with their depressive mood. This suggests that in order to improve mental health in married women, we need to take social and cultural dimensions into consideration along with public health interventions.

• Journal of Preventive Medicine and Public Health
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• v.27 no.3 s.47
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• pp.627-651
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• 1994

In this study, literature review was done to examine and compare the current status and problems of different evaluation approaches toward permanent impairment in Korea. Alternatives and improvements in the current approaches in Korea were suggested. Series of cases were also examined to compare different approaches applied to the real cases, using 105 cases from a hospital data and another 207 cases from a insurance company data. The main findings of the literature review are as follows; 1. The current evaluation methods of permanent impairment in Korea are grouped into two categories, grading and rating. Gradings of impairments are expressly specified in 17 various statutes. 2. In Grading methods, the rigid system of 74 different grades has been adopted uniformally for the convenience of administration, which may not be, appropriate or valid from medical and scientifical aspect. 3. The adventage of McBride method is assessment of occupational disability rate. However the classified compensable occupations are only 280 and limited to manufacturing industries in 1960s'of U.S.A., which is not appropriate to current Korean circumstances. Especially, the job list does not include managerial officers or mental workers. 4. AMA Guides is the scientific and reasonable method for the assessment of physical impairment rate. However compensation and reparation of impairment case is difficult because this method cannot assess the disability rate according to occupation, age, etc. The results of cases comparative study are as follows: 5. The physical Impairment could be compared in 167 out of total 312 cases, and for the cases of complex impairment, McBride method underestimate physical impairment rate compared with AM A method. 6. When disability late was assessed, occupation was considered the compensation of only 85 cases, and age was used in only 21 cases. This was because occupation and age compensation in McBride method are unreasonable. 7. The most Ideal alternative is to assess physical impairment according to AMA method and then to develop a compensation method appropriate for the circumstances of Korea society.

• Journal of Digital Convergence
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• v.20 no.2
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• pp.463-477
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• 2022

The current study examined the mediating effect of self-efficacy (SE) in the relationship between work ability (WA) and work satisfaction (WS) perceived by reemployed workers who have experienced industrial accidents based on social cognitive career theory (SCCT), and investigated the effect of Industrial accident sequelae and workplace relationships (WR) on these variables. The data of 976 newly employed workers were selected from the data of the Panel Study of Worker's Compensation Insurance collected in 2018. The data were analyzed by Structural Equation Modeling through SPSS and AMOS programs. It was found that WA had a positive effect on WS through SE. In addition, it was found that the level of pain, the severity of the disability, and the activities of daily living had a negative effect on WS through WA and SE sequentially. Meanwhile, it was found that the WR was affected by the activities of daily living, and had a positive effect on WS through WE. These results emphasize that it is important to provide support to manage sequelae and increase SE in order to help victims of industrial accidents return to the job market and live satisfactorily. It also suggests that SCCT is useful in explaining WS of industrially injured workers.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.137-168
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• 2020

Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

• Journal of the Korea Convergence Society
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• v.7 no.3
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• pp.149-157
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• 2016

For workers, industrial accidents exert a bad effect on the productivity, quality of life, and depress the morale. This study aimed to examine the overall influence on job performance of employees who returned to work after industrial accidents. This was a cross-sectional study using the data of 2013 and 2014 Panel Study of Worker's Compensation Insurance (PSWCI), and we performed logistic-regression analysis to analyze an affinity between general characteristics and job performance as independent variable and outcome variable, respectively. As a result, the major factor depressed the job performance were the 1 - 7 degree of disabilities and injuries with convalescence period for 6 to 9month or more than 12 months. In other words, this study shown that job performance was decreased as higher degree of disability and longer convalescence period. Job performance is the factor to identify indirectly worker's successful return to work, and it is important in follow-up of workers who returned to work after industrial accidents. Stable job performance of an industrial disaster victim is the key factor to maintain worker's comfortable and qualitative life as well as increase of productive capacity.

• 한국사회정책
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• v.24 no.4
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• pp.113-150
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• 2017

This study analyzes how workers become impoverished and have their jobs less stabilized after they suffer from non-job-related sickness. Given that South Korea lacks sickness benefits, which most of OECD member states legislate and implement except US and Switzerland, this study examines its impact on laborers' job stability and povertization in Korea. The researchers have conducted in-depth interviews with nine former or present laborers who have the experiences and four experts on the issue in July-September, 2017 for the qualitative analysis. It is found that laborers, after becoming aware of their sickness, at first endure their pain without informing their employers not to lose their jobs. The attititude is observed especially among non-standard laborers, because sickness more often leads to job loss for them than for standard laborers. After workers have to leave their jobs due to their sickness in the end, they have no choice but to keep working in less stable jobs to compensate for income losses. They become gradually impoverished with their social capital like family bond declining. We observe laborers who are eligible for industrial accident insurance compensation could not benefit from the system because some employers refrain from the legal reporting duty. Due to this illegal practices, some industrial accident victims unduly lose their jobs due to "non-job-related sickness". Second, some employers report to the authority that their sick laborers have left their jobs 'voluntarily' even when they have quitted it without their volition, in which case the newly unemployed are not eligible for unemployment benefits. Large holes in Korea's safety nets for those suffering from multiple risks of sickness and unemployment.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.27 no.2
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• pp.105-114
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• 2017

Objectives: The Ministry of Employment and Labor's enforcement programs, such as workplace monitoring inspection, are one of the major public efforts to protect worker's health. Therefore, a more effective inspection method is required for workplace monitoring, which is helpful for controlling health hazards in the workplace. Methods: For this study, we investigated the related safety and health laws, regulations, and inspection guidelines from the USA, Japan, and Korea. We also analyzed the provisions of industrial safety and health acts, which are related to enhancing the reliability of workplace monitoring. We applied the process of opinion convergence through an experts meeting for our research. Results: We proposed an efficient inspection scheme for workplace monitoring that includes how to select companies(mainly randomized inspections by using a workplace measurement database and workers' compensation insurance database), how to proceed with the inspection process(mainly unannounced visits), and who should carry out this project. Conclusions: We conclude that our proposal for the inspection of workplace monitoring could be a very effective tool for reducing the numbers of companies that do not undertake workplace monitoring and could produce reliable monitoring results.

• Korean Journal of Social Welfare Studies
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• v.48 no.3
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• pp.5-28
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• 2017

Using 2006~2015 Korean Welfare Panel Survey data, this study analyzed the poverty reduction effects of social security benefits. The results show that social security benefits have substantial impacts on reducing the poverty gap. National Basic Livelihood Security, public pensions, and Basic Pension have relatively larger poverty reduction effects. Other benefits such as disability benefits, workers' compensation unemployment insurance, and childcare subsidies have much smaller poverty impacts. Two determining factors of the poverty reduction effect are (1)the amount and (2)the poverty reduction efficiency of social security benefits. With the expansion of the social security system in recent years, the poverty reduction efficiency has decreased in general. Due to a greater increase in the amount of benefits, however, the poverty reduction effect has gradually increased. In order to increase the anti-poverty effect of social security, it is important to find ways to improve efficiency while minimizing the disadvantages of the selectivistic welfare benefits.

• Korean Journal of Social Welfare Studies
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• v.44 no.3
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• pp.371-393
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• 2013

The objective of this article is to compare the characteristics and the origin of Welfare State in Korea and France. This study also finds out the causes of underdevelopment of Welfare State in Korea. In the third Republic of France, the first Industrial Accident Compensation Law was legislated in 1898. The discussion of the project of Law commenced in 1880. The Parliamentary Debate on the legislation of the Law had continued for 18 years. The leaders of the debate was the group of progressive Republicans(Radicals) in the French Parliament. In Korea, it was also in the period of the third Repulic, the President and several members of the Supreme Committee of National Reconstruction (Guk-Ga-Jai-Gun-Choi-Go-Ho-Eui), the authoritative military government who enacted and developed the Social Insurance Law of Industrial Accident Compensation, the first Law of Welfare State in Korea. However, Korea and France show more differences than similarities in the terms of the origin of the Welfare State. The motivations and goals of social policies of the two countries were quite different at the beginning stage. In France, the progressive Republicans of Parliament made welfare state policies in order to maintain the politico-social hegemony and social peace by provision of economic supports to workers. In Korea, the group of military officers had begun the welfare legislation in order to win the general election and obtain political power in 1963. Comparison on the origins of the welfare states in the two countries shows similarities as well as differences in terms of the role of actors. In France, the state and the owners of big enterprises had agreed and played positive roles in the legislation of the welfare state policies. However, the owners of small companies, merchants and farmers had played negative roles. Like the French case, Korean government and owners of big enterprises had played positive roles. The state as a major actor of the legislation of the social insurance programs in the two countries are slightly different. In Korea, the owners of small companies had played negative roles in making of medical insurance programs in 1976. Comparison of the current state of two welfare states shows substantial differences in terms of the development of the welfare state. What is the reason for such differences? Why does Korean Welfare State underdevelop? Historically, the developmentalism as an major ideology of the third Republic of Korea has continually influenced the underdevelopment of the Welfare State. It implies that Koreans have to invent a new ideology of Welfare State which can replace the developmentalism and support the development of Welfare State in the future. Without such a new ideology, it is very difficult to develop an european style welfare state in Korea.