• Title/Summary/Keyword: workmen's compensation

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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
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    • v.6 no.1
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    • pp.23-43
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    • 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.

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The Gender Sensitive Analysis of Occupational Injuries and Illnesses of Employees (임금근로자의 산업재해에 대한 성인지적 분석)

  • Rhee, K.Y.;Kim, Young Sun;Kim, K.S.;Park, J.S.;Seo, D.U.;Kim, H.M.
    • Journal of the Korean Society of Safety
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    • v.29 no.6
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    • pp.158-165
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    • 2014
  • The statistics of occupational injuries and illnesses is one of the most important indicators of worker's safety and health in the field of occupational safety and health. The conventional statistics was produced without consideration of gender difference. This study was planned to investigate the difference of occupational injuries and illnesses by gender because that recently female workers was increased through the change of industrial structure such as from manufacturing dominated to service dominated structure. Statistics of occupational injuries and illnesses collected by workmen's compensation insurance system that have no information about gender composition of population. Economically active population survey was used to calculated the rate of occupational injuries and illnesses by gender. The distribution of estimated rate of occupational injuries and illnesses by industry, occupation and the type of accident were different between male and female employees, but those by the size of enterprise, age of the injured, the duration of the first recuperation, and job tenure were similar between male and female employees. This study has shown that gender sensitive approach may be applied to policy of occupational safety and health because that gender neutral perspective may not discover the fact of gender specific problems.

A Study on the Oriental Medical Insurance and the Industrial Accident Compensation in the Social Security System (사회보장제도(社會保障制度)로서의 한방의료보험(韓方醫療保險)과 산재보상(産災補償))

  • Yoon Young-Soo
    • Journal of Society of Preventive Korean Medicine
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    • v.1 no.1
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    • pp.137-148
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    • 1997
  • The Serial Securities and the Social Welfare, as the national policy aimed at securing generals' lives, are the policies or systems for the stabilization in lift; especially of law-incomers and workers, for which the povernment has to establish the Social Security System. No wonder the Social Insurance System is a part of the Social Security System and the most important. The Social Insurance System, along with Public Assistance, is underlying the Social Security System. Social Security System includes medical insurance, industrial accident Compensation insurance, national pention insurance and employment insurance. The study is on 'The Oriental Medical Insurance and the Industrial Accident Compensation in the Social Security System' . The rate of industrial accident in Korea marks the highest rank in the world. for laborer, industrial accident do not merely mean the loss of health but the question of the right to live in terms of their loss of opportunity of life. The industrial accident compensation system should be established as the es post facto remedy system to guarantee the injured worker and his/her family's life. The oriental medical insurance system which began to operate in 1987 in Korea is based on unionism and divided into 3 parts; one part for the worker, a second part for the community inhabitants, and a third part for the public service personnel and private school personnel. Today the medical problem must be the most important social assignment to be considered. The medical system of contemporary industrial society has began greatly stood out in relief as a part of social welfare not emphasized on gainings of physicians. Accordingly systematization of the oriental medical insurance was strongly Pursued and it was developed to to the extent of entire nation insurance. Though the history of it is very short, most of the people are getting benefit from the insurance system by the social security system method. This study develops the Oriental Medical Insurance, the Workmen's Accident Compensation Insurance, the Pension System in relation to the industrial accident compensation of Employees, along with the ideas and principles of social insurance.

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Health Related Quality of Life Among Herniation of Nucleus Pulposus Patients Caused by Occupational Accidents (산업재해 추간판탈출증 환자의 삶의 질에 관한 연구)

  • Shin, Na Young;Lee, Se-Hoon
    • Korean Journal of Occupational Health Nursing
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    • v.16 no.2
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    • pp.168-176
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    • 2007
  • Purpose: This study was to investigate the factors influencing on the quality of life (QOL) among herniation of nucleus pulposus (HNP) patients caused by occupational accidents. Method: 203 patients of HNP were recruited. 106 patients were occupationally injured workers who benefited from workmen's compensation scheme (PWCS group), and 43 patients were non-occupationally injured workers benefiting from national health insurance (PNHI group). Questions of QOL items were used by Korean version of SBQOL (SmithKlein Beecham's Qality of Life). Result: The quality of life of PWCS group measured by SBQOL was significantly lower than that of PNHI group. In PWCS group, SBQOL was significantly lower in patients with 40s of their age, 5 years or longer of treatment duration, no expectation of return to work, no expectation of recovering subject's health, and with loss of employment than rest of the patients in each category. Expectations of recovering subject's health showed to be affect factors on QOL both the PWCS and PNHI groups. Conclusion: It suggested that betterment of expectation of recovering patient's health and an administrative system for returning to work of the occupationally injured HNP patients during treatment be necessary for improvement of their quality of life.

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A Study on the Social Security for Seafarers of Maritime Labour Convention, 2006 (2006년 해사노동협약상 선원 사회보장에 관한 연구)

  • Ji, Sang-Won
    • Journal of Navigation and Port Research
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    • v.32 no.3
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    • pp.237-244
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    • 2008
  • The General Conference of International Labour Organization adopted the Maritime Labour Convention, 2006 which created a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime Conventions and Recommendations in its Ninety-fourth session on 23 February 2006. This Convention prescribes the social security for seafarers in the Regulation 4.5 in the Title 4. Regulation 4.1-Medical care on board ship and ashore and Regulation 4.2-Shipowner's liability are related to social security for seafarers. For the purpose of ratifying this Convention in our country, first of all, it is necessary to review the domestic laws and regulations concerned whether they fulfill or not the requirements of the Convention and have to make preparation insufficient sections. Therefore, this paper aims to find out different regulations between the domestic law and the Convention, as to be able to accept the requirements regarding the social security of the Convention, also suggest the solution on problems derived in this process.

A Study on the Social Security for Seafarers of Maritime Labour Convention, 2006 (2006년 해사노동협약상 선원 사회보장에 관한 연구)

  • Ji, Sang-Won
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.43-45
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    • 2007
  • The International Labour Organization adopted the Maritime Labour Convention, 2006 on 23 February 2006. This convention contains the regulation about social security for seafarers in the Tittle 4. For the purpose of ratifying this Convention in our country, it is necessary to examine the domestic law and regulation concerned whether it fulfills or not the required conditions of the Convention Therefore, this paper aims to find the difference between the domestic law and the convention, also suggest the way to solve the problems.

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A Survey on the Save of Cost for Safety Management by Reduction of Industrial Accidents in Construction Industry (건설업의 산업재해 감소와 관련한 안전관리비용 절감에 관한 조사 연구)

  • 이영섭
    • Journal of the Korean Society of Safety
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    • v.11 no.1
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    • pp.99-107
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    • 1996
  • This survey is to compare the the number of accidents which were occurred in 24 construction companies with the average accident in construction industry. The number of accidents in 24 companiesis is lower than the average accident, then it is classified "save", otherwise it is classified "loss". This survey is conducted to have top management be interested and invest for safety by recognizing that safety management could be profit for the company. The result of this survey is as follows : The total save amount in 1992 is 44,780mi11ion Won and average is 1,870mi11ion Won, with being 11, 200mi11ion Won by reduction amount of deaths and 33,580mi11ion Won by reduction amount of injuries. In 1993 the total is 33,330mi11ion Won and average is 1,390mi11ion Won, and in 1994 the total is 38, 720mi11ion Won and the average is 1,610mi11ion Won. This result is save amount of workmen's compensation insurance with excluding the indirect costs for accidents. The company which ranked the highest save amount is B Construction Company with being 15.1 billion Won and the next is A Construction Company during 3 years. The Company which ranked highest percentage of save amount to sales amount is Q Heavy industry with being 0.359% and the next is B Construction Company during 3 years.pany during 3 years.

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A SMR study of Korean public servants (우리 나라 공무원의 표준화 사망비에 대한 연구)

  • Kim, Hyun-Kyung;Kim, Yong-Chul;Paek, Do-Myung
    • Journal of Preventive Medicine and Public Health
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    • v.30 no.2 s.57
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    • pp.293-307
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    • 1997
  • In Korea, sudden deaths of middle-aged and older male workers who are the responsible persons at home as well as workplace, have aroused social concern. Besides, U. N. has reported recently that mortality of Korea male in 40-50's was one of the highest among newly developed countries in 1992. Not much is, however, known about the nature of the work contributing to the mortality of different groups of workers. Therefore, this study was done to examine mortality of public servants, comprising about 5% of all the employed in Korea, according to their job titles and grades. The datas of 1753 official deaths, comprised 323 (only disease-oriented deaths) applicants of survivors' compensation, were used to examine age-adjusted Standardized Mortality Ratios(SMRs) according to their job titles, grades, tenures and cause of deaths. Controlling age and sex difference was conducted using 26,950,481 general population, 95,340 general deaths and 864,560 working public servants. All the groups were aged 20-64, who were being observed January - December in 1993, at the same time. Results and discussions are as follows. 1. SMRs standardized by general population was significantly low (SMR 44.9 CI 42.8-52.7) for all job titlses. Of public servants, 90.0% was graduated from high school, although 17.5% in general population. The distinction of social status such a education may produce a strong healthy worker effect. Besides, SMRs for different tenure groups showed a steady increase as tenure increases. This suggests that the magnitude of healthy-worker effect may be greater with increasing tenures. 2. SMRs standardized by own public servants was significantly elevated for work-men(SMR 121.0, CI 110.2-132.6) in solitue. When SMRs for different grade, of work-men was examined, 9th(SMR 124.2, CI 104.4-146.7) and 10th(SMR 137.9 CI 120.8-156.8)grade, lower grade in workmen, showed significantly elevated SMRs. Of workmen, 57.0% were graduated from high school and 50.1% in 9th grade, as well. These mean that low economic states made up social class, education may increase mortality rate. 3. Of SMRs according to all causes of death, only policemen on 'cause of death related hypertensive disease'(SMR 282.5, CI 121.6-556.7) was significantly high except for' cause of death related other signs, symptoms and ill-defined conditions'. 4. When SMRs on cause of death related hypertensive disease for different grade of policemen was examined, senior policemen(SMR 241.9), in charge of the front service, showed elevated SMR, in spite of statistical no significance. Especially, the working hour of senior policemen is quite long and also the work schedule is even more irregular for policemen. The results of this study showed that mortality for different jobs differed, and it differed also for different grades in the same job. This difference in mortality may reflect the difference in the nature of job contents, and further studies are warranted to elucidate which job characteristics are responsible.

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