「산재보험법」의 법적 성질에 관한 연구 (A Study upon Legal Characteristics of the Industrial Injury Compensation Insurance(IICI) Act)

서지정보

· 발행기관 : 한국노동법학회
· 수록지 정보 : 노동법학 / 45호 / 37 ~ 92페이지
· 저자명 : 오선균

초록

⒜ Korea took employer's compensation responsibility for industrial injury off the concept in 「Labor Standard Act」 to make industrial injury compensation into social insurance by enacting 「Industrial Injury Compensation Act」 in 1963 for the sake of speedy and fair compensation for industrial injury. Since then, 『the function of industrial injury compensation insurance for loss compensation and guarantee of security』 has gradually been strengthened in 「Industrial Injury Compensation Insurance Act」 by repeating independent movements within “Labor Law” and “Social Security Law” through dozens of revisions. The access and combination between 『the principle of employer's liability』 from “Labor Law” and 『the guarantee of security』 from “Social Security Law” have become inevitable. Industrial injury compensation insurance shall strengthen social security for those who are in lack of self-determination for human dignity and value under the capitalistic economy order.
⒝ This dissertation is based on the recognition of problems in 「Industrial Injury Compensation Insurance Act」 for performing these tasks. At first, how does reciprocally 「Industrial Injury Compensation Insurance Act」, “Social Security Law” and 「The Constitution」interact with each other, and what is the principle of industrial injury compensation such as the control and regulatory power of 「The Constitution」 against 「Industrial Injury Compensation Insurance Act」? Secondly, Is it possible that the 「Industrial Injury Compensation Insurance Act」 can approach and combine to 「Social Security Law」through 『the signs appeared in independent movements』 or will be able to be made into social security? In the course of that, what are the problems in 「relations within Industrial Injury Compensation Insurance Act」 regulating legal relationship among employer, injured worker and industrial injury compensation insurer(hereafter refers to insurer), 「relations within Industrial Compensation Insurance」 defining legal relationship between employer and insurer and 「relations within Industrial Injury Compensation」 meaning relationship between injured worker and insurer respectively? And, are there any solutions for those problems? Thirdly, what is the practical task for reinforcing social security of 「Industrial Injury Compensation Insurance Act」? Based on the above awareness of the problem, this dissertation came to the conclusion that the social security level of 「Industrial Injury Compensation Insurance Act」needs to be enforced for 3 types of human: S type(sufficient in ability), D type(deficient in ability), A type(absent from ability) which are classified with the level of mental, physical, economical autonomy, self-reliance and self-determination to maintain healthy and decent lives as human.
⒞ For the purpose of consolidating social security of 「Industrial Injury Compensation Insurance Act」, first of all, a country must protect all the people in the constitution making a livelihood by wage labor from the industrial injury danger. Secondly, a country should organize the conditions for benefit qualification of industrial injury insurance so as to supplement the economical, physical and mental lack of self-determination, which can result in maintaining healthy and culturally decent life. Thirdly, it is necessary for a country to extend social security for the border line area of danger between private and labor relation and to build the single system by removing barrier between civil liquidated damages and industrial injury compensation system. In conclusion, this dissertation legally and analytically emphasized that a country should realize social security principles: 『the respect for the dignity and value of man』 through arrangement or provision of necessary living condition for self-unification of all types(S type, D-type, A-type) of man in risky lives due to industrial injury.

영어초록

⒜ Korea took employer's compensation responsibility for industrial injury off the concept in 「Labor Standard Act」 to make industrial injury compensation into social insurance by enacting 「Industrial Injury Compensation Act」 in 1963 for the sake of speedy and fair compensation for industrial injury. Since then, 『the function of industrial injury compensation insurance for loss compensation and guarantee of security』 has gradually been strengthened in 「Industrial Injury Compensation Insurance Act」 by repeating independent movements within “Labor Law” and “Social Security Law” through dozens of revisions. The access and combination between 『the principle of employer's liability』 from “Labor Law” and 『the guarantee of security』 from “Social Security Law” have become inevitable. Industrial injury compensation insurance shall strengthen social security for those who are in lack of self-determination for human dignity and value under the capitalistic economy order.
⒝ This dissertation is based on the recognition of problems in 「Industrial Injury Compensation Insurance Act」 for performing these tasks. At first, how does reciprocally 「Industrial Injury Compensation Insurance Act」, “Social Security Law” and 「The Constitution」interact with each other, and what is the principle of industrial injury compensation such as the control and regulatory power of 「The Constitution」 against 「Industrial Injury Compensation Insurance Act」? Secondly, Is it possible that the 「Industrial Injury Compensation Insurance Act」 can approach and combine to 「Social Security Law」through 『the signs appeared in independent movements』 or will be able to be made into social security? In the course of that, what are the problems in 「relations within Industrial Injury Compensation Insurance Act」 regulating legal relationship among employer, injured worker and industrial injury compensation insurer(hereafter refers to insurer), 「relations within Industrial Compensation Insurance」 defining legal relationship between employer and insurer and 「relations within Industrial Injury Compensation」 meaning relationship between injured worker and insurer respectively? And, are there any solutions for those problems? Thirdly, what is the practical task for reinforcing social security of 「Industrial Injury Compensation Insurance Act」? Based on the above awareness of the problem, this dissertation came to the conclusion that the social security level of 「Industrial Injury Compensation Insurance Act」needs to be enforced for 3 types of human: S type(sufficient in ability), D type(deficient in ability), A type(absent from ability) which are classified with the level of mental, physical, economical autonomy, self-reliance and self-determination to maintain healthy and decent lives as human.
⒞ For the purpose of consolidating social security of 「Industrial Injury Compensation Insurance Act」, first of all, a country must protect all the people in the constitution making a livelihood by wage labor from the industrial injury danger. Secondly, a country should organize the conditions for benefit qualification of industrial injury insurance so as to supplement the economical, physical and mental lack of self-determination, which can result in maintaining healthy and culturally decent life. Thirdly, it is necessary for a country to extend social security for the border line area of danger between private and labor relation and to build the single system by removing barrier between civil liquidated damages and industrial injury compensation system. In conclusion, this dissertation legally and analytically emphasized that a country should realize social security principles: 『the respect for the dignity and value of man』 through arrangement or provision of necessary living condition for self-unification of all types(S type, D-type, A-type) of man in risky lives due to industrial injury.

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