산재보험 신청주의의 한계

Abstract

Industrial accident insurance is designed as a social insurance system in which all workers are insured and users are financially responsible. By replacing the employer's responsibility for industrial accidents with the industrial accident insurance system, his burden was reduced, and damage compensation and livelihood security for injured workers were possible. However, the legal accident insurance in Germany, the first industrial accident insurance, initiates the payment process ex officio. This is different from other social insurances in which industrial accident insurance initiates the payment process by application. On the other hand, industrial accident insurance in Korea, like other social insurance, is based on the principle of application, so there is a limit to the protection of injured workers. Therefore, ex officio should be actively considered in order to eliminate blind spots of protection for injured workers who have not applied for industrial accidents and provide prompt and fair compensation. Employers' obligation to report industrial accidents should be able to lead to compensation beyond industrial accident prevention. In addition, the system needs to be improved to prevent the prolonged recognition process of industrial accidents and excessive simplification of procedures. In particular, the reduction of the burden of proof based on the principle of estimation can show its true value when linked to ex officio. In addition, the problem of excessively increasing the industrial recognition ratio can be overcome when the limitations of the principle of application are clearly recognized. Ultimately, industrial accidents should not be viewed only in terms of compensation. Only when approached from an all-round perspective and responded from a comprehensive perspective can the true purpose of the Industrial Accident Compensation Insurance Act be achieved. This is the reason why the Industrial Accident Compensation Insurance Act should be transformed into the Industrial Accident Insurance Act and, furthermore, the Accident Insurance Act.