• Title/Summary/Keyword: night-time workers

Search Result 52, Processing Time 0.021 seconds

A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
    • /
    • v.6 no.1
    • /
    • pp.23-43
    • /
    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

  • PDF

Analysis of the Present Condition and Demand for the Assistant Workforce in Korean Childcare Center (어린이집 보조인력의 노동실태 및 요구분석: 보조교사, 대체교사, 부담임 교사를 중심으로)

  • Park, Chang Hyun;Kim, Sang Lim
    • Korean Journal of Child Education & Care
    • /
    • v.18 no.2
    • /
    • pp.85-102
    • /
    • 2018
  • The purpose of this study is to determine the working conditions and demands of the assistant workforce at childcare centers, and to provide suggestions on policies for childcare teachers. To achieve the purpose of the study, a total of 190 assistant teachers, nursing helpers, alternative teachers and others were surveyed online during the month of August 2017. The survey examined the employment route and working motives, working conditions and environment, job and educational difficulties for analyzing the work conditions and demands of ancillary staff. For the analysis method, SPSS 12.0 was used to analyze frequency and difference. The main findings are as follows. First, childcare center assistants were able to work at their respective times, making it mandatory for them to enter the workforce, and making job openings for ancillary teachers. Second, 73.7% said the daily working hours were '4 hours to 8 hours' under the conditions and 57.9% said 'More than 510,000 won to less than 1 million won.' Average amount of rest time per day was about 30 minutes, and 17% had no rest periods. Third, based on the job and education status, ancillary personnel performed "infant and child guidance and interaction", "Cleaning and cleanliness related tasks" most actively, and "care for cleaning and cleanliness" and "care for morning and night care". Fourth, in the job trouble and difficulty, ancillary staff found it difficult to satisfy with wage related complaints and job insecurity, and the reason for agreeing to the non-regular workforce becoming a regular worker was found to be due to the stability of employment. Lastly, the most urgent tasks to solve the problem of non-regular workers were to fill the wage gap between regular and irregular workers, shorten the working hours and improve the working conditions. The policy implications are presented based on the above findings.