산재보험법상 유족보상연금의 남녀차별적 지급기준

Abstract

The provision of the Industrial Accident Compensation Insurance Act denies a widower benefits on his wife’s work-related death unless he is disabled or his age is over 60. But the provision grants a widow death benefits without the age limitation clause. In other words, to qualify for survivors’ pension, widower is disabled or his age is over 60. So, there is sex discrimination in the provision. This Article analyzes the spouse's entitlements not only of Industrial Accident Compensation Insurance Act but also of the other social insurance act. And this article examines the equal rights of spouse’s entitlements of the act in force. As a result, this article judges that the provision is violation of the principle of equal protection, because the provision which has additional age limitation clause in the widower’s benefits has not proportionality test. To get rid of sex discrimination factor and to be reasonable improvements in the Act, this article suggests getting rid of age limitation clause in the widower’s benefits, and rulling equal base in the spouse’s entitlements. And if the best improvement plan will not be accepted, this article suggests minimal improvement in the act.