産業災害에 있어서 業務上 災害에 관한 硏究
(A) Study on the Sickness or Injuries due to Occupational Cases in the Industrial Disaster
산업재해 업무상 재해 산업재해보상 사회보장제도;
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When a worker gets injured or contracts a disease while carrying out the occupational duties, the worker or his bereaved family obtain the right to claim the accident compensation against the employer according to the Labor Standard Law, and at the same time, the right to claim the accident compensation insurance allowance against the state according to the Industrial Accident Compensation Insurance Act. However, there is a condition that the accident must be related to work. The condition of being related to work causes unceasing disputes. In particular, the criteria for acknowledging work-related diseases are quite ambiguous. Thus the present study analyzed the concept and the scope of work-related diseases and the criteria for acknowledgement through judicial precedents, and examined the recent discussions on and measures for the work-related musculoskeletal diseases (MSDs), which have recently been in controversy. The scope of research included the systematic consideration of the scope of work-related accidents, the examination of the work-related diseases by dividing them into the accidental diseases and the occupational diseases, study on the criteria for and the scope of acknowledgement, and clarifying the scope of work-related diseases. As for methodologies, the researcher collected and analyzed the books, the academic papers, the cases in the Supreme Court, the cases of labor trials, etc., and examined the cases of work-related MSDs, which are emerging as a key issue in the struggles between the labor and management, in the shipbuilding industry. This study concluded that the government must establish the criteria for the acknowledging accidental diseases and the occupational diseases based on the definite grounds in order to distinguish the work-related diseases from the non-work-related ones, and the occupational diseases from the non-occupational ones. Such criteria will contribute to ending the conflicts between the labor and management over the acknowledgement of industrial accidents and prevent the workers from losing their will to work with regard to whether the industrial accidents are acknowledged to be work-related or not.