산재심사제도의 개선과제

Abstract

The purpose of Industrial Accident Compensation Insurance Act is to contribute to theprotection of employees by compensating them promptly and fairly for any occupationalaccident through the industrial accident compensation insurance business, by establishingand operating insurance facilities necessary to facilitate the rehabilitation of employeessuffering from occupational accidents and their return to society. However, the Industrial Accident Compensation Committee does not evaluate the CausalRelationship in Occupational Accidents from a normative perspective. It is evaluated from amedical and scientific perspective. Based on these issues, this paper first grasps the structural problems of the IndustrialAccident Compensation Committee, and aims to (1) ensure experience and genderawareness as qualification requirements, and (2) the normative perspective of reviewcommittee members, and (3) the introduction of an industrial accident specialist committee. Additionally, in South Korea, the burden of proof for work-related accidents is placed onthe worker. Based on these issues, this paper first summarizes the general theory regardingthe burden of proof for work-related accidents, and proposes (4) periodic revision ofwork-related accident types and (5) strengthening of workplace investigation obligations. The industrial accident compensation system has been revised with a focus on expandingthe scope of coverage. South Korea's industrial accident compensation system requiressubstantial systematic improvements, primarily by expanding the scope of coverage, so thatworkers and their bereaved families can experience the speed and fairness of the industrialaccident compensation system.