연구보고서
The advancement in the means of production and the improvement in the labor conditions have not reduced in the number of industrial accidents. Instead, they have introduced new types of industrial accidents and the related legal issues. In particular, many Asian countries have experienced regime changes and rapid industrialization, which expose them to various political/legislative burdens such as ex post damage compensation and ex ante prevention. Therefore, they have huge interest in learning industrial accident compensation insurance system.
Korea’s astonishing speed of industrialization has guaranteed itself an increase in the law suits regarding industrial accidents and the overload of demand on administrative and/or judicial judgment, which have turned into a big social problem. In this research we concentrate on the requested issues of Korean industrial accident compensation system in an attempt to help understand Korea’s system. This study offers the recent statistics and trend of industrial accidents in Korea.
Also, this research is expected to be a valuable reference to help understand Korean legislation. Further, our research is a part of a bigger picture which aims to promote the efficient international exchange of the legislative information. This research cannot be used as a universal prescription of industrial accident insurance reference to all countries. However, the existence of industrial accidents and the necessity of the related compensation system are universal.
Chapter 1. Introduction 9
Section 1. Purpose and need of the study 9
Section 2. Coverage and Method of the Study 10
Chapter 2. Status quo of Industrial Accidents and Compensationsystem 13
Section 1. Korea’s industrial accidents and the trend 13
Section 2. Definition and Meaning of Industrial Accident Insurance Program 24
Chapter 3. Brief Summary of Korea’s Industrial Accident Compensation Insurance Act 27
Section 1. Development of Korea’s Industrial Accident Insurance Act 27
Section 2. Coverage 30
Section 3. Standards of Recognition of Occupational Accidents 33
Section 4. Type and Details of Insurance Benefit 44
Section 5. Remedy against the disposition about Industrial Accident Benefit 58
Chapter 4. Management and Operation of Korean Industrial Accident Insurance in Practice 65
Section 1. Understanding relationship of Industrial Accident Insurance Legal Relationship 65
Section 2. Calculation and management of insurance premium 68
Section 3. Payment of insurance benefit 72
Section 4. Trend of deliberation and court decision 76
Chapter 5. The characteristics of Korea’s Industrial Accident Insurance system 81
Section 1. Dual law system in Korea’s Industrial Accident Compensation 81
Section 2. Adjustment of damage compensation and benefit of Industrial Accident Insurance 93
Section 3. Increase in occupational disease and standard of recognition 95
Chapter 6. Conclusion 105
Bibliography 109
Summery Report 111
<List of Tables>
【Statistics on Korea’s Industrial Accident】 14
【Trend of Industrial Accidents】 15
【Statistics of Korean industrial accidents, 2008】 16
【Statistics on Accidental injuries by industry】 18
【Statistics on Accidental injuries by Types and Causes】 19
【Statistics on occupational disease by industry】 20
【Occupational disease by disease type】 23
【Mandatory Subscriber of Industrial Accident Insurance by year】 27
【Damage compensation reference table】 52
【Nursing benefit】 53
【Structure of Industrial Accident Insurance Contract】 66
【Industrial Accident Insurance and Private Law Relations】 67
【2008 Industrial Accident Premium Rate by Industry】 69
【Trend of accident rate, insurance benefit paid, etc】 73
【Insurance benefit paid by type】 75
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