임신노동자 및 태아의 산업재해 예방 및 보상에 관한 개선 방안

Abstract

This study aims at investigating how pregnant workers and their developing children are protected by the Labor Standards Act(LSA), the Industrial Safety and Health Act(ISHA) and the Industrial Accident Compensation Insurance Act(IACIA), in order to suggest improvement measures. The LSA prohibits only 12 industries for pregnant workers, which does not properly reflect the changing industrial structure. The ISHA restricts pregnant workers from being engaged in any work related with two types of disorders only, hepatitis-B and cytomegalovirus, which are blood-borne infections. Meanwhile, the IACIA does not oblige employers to provide compensations to pregnant workers when their babies are born with disabilities due to harmful working environment, as their children are not considered workers. The LSA and the ISHA need to be fully amended to create a working environment that protects pregnant workers and their unborn children. Eventually, mothers and children born with disabilities are inseparable entities. The IACIA must be amended so that pregnant workers can be provided with economic compensations when their children are born with disabilities due to harmful working environment.