산업재해보상체계의 문제와 개선방향

• 영문명: The problems and the improvement of industrial accident"s remedy system
• 발행기관: 한국재산법학회
• 저자명: 한경식(Han Kyeong-Sik)
• 간행물 정보: 『재산법연구』財産法硏究 第24卷 第3號, 221~250쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.02.28

영문 초록

  The industrial accidents are social danger inevitably occurring due to the labour relation of the capitalistic economic system regardless of the will or conduct of the individual worker and the employer for the prevention of the industrial accident. The industrial accidents are regarded as serious infringement of the injured worker and his family"s right to live. According to these viewpoint, it is natural that we should be concern about more the legal remedy the preventive measures of industrial accident.
  The legal remedy system of industrial accident are the employer"s compensation for damage to the injured worker, worker, the employer"s compensation of industrial accident, and the industrial accident insurance"s compensation. The most of the industrial accident"s compensation system is insurance benefit system according to the Industrial Accident Insurance Compensation Law. But the Industrial Accident Insurance Compensation Law has the problems of system as the illogical compensation estimation, the limit of application, and the rigid requisites of industrial accident.
  The industrial accident insurance"s compensation system carry out the right to live of the injured worker and the employer"s compensation for damage of injured worker. Therefore the improvement of the Industrial Accident Insurance Compensation Law is required in oder to satisfy the employer"s compensation for damage and live protection of the injured worker as following.
  (1) The level of industrial accident insurance"s compensation is similar compensation for damage"s level.
  (2) The employer"s immunity] from responsibility is required if the injured worker will be provided the industrial accident insurance"s compensation.
  (3) It is necessity that the requisites and the burden of the industrial accident is relaxed.
  (4) It is necessity that Industrial Accident Insurance Compensation Law"s the application limit must be similar to Labor Standards Law"s application limit.
  (5) The industrial accident insurance"s finances consisting of the employer"s insurance premiums is paid out the industrial accident insurance"s compensation having compensation for damage"s function, and industrial accident insurance"s compensation having the living protection"s function for the injured worker is made up for nation"s budget.

목차

Ⅰ. 문제의 제기
Ⅱ. 산업재해보상의 입법체계
Ⅲ. 현행 산업재해보상체계의 문제
Ⅳ. 산업재해보상체계의 개선방향
Ⅴ. 맺으며
참고 문헌
〈Abstract〉

키워드

산재보험급여 산재보험 손해배상 생활보장권 재해보상 산업재해 보험가입자 근로자 사용자 특별급여 industrial accident insurance" s compensation industrial accident insurance compensation for damage right to live employer" s compensation of industrial accident industrial accident insurance subscriber worker employer special compensation