정신질병의 산재인정과 개선방안 Ⅱ - 절차적, 규범적, 후속조치적 측면에서 -

Abstract

Due to the Covid19 situation, the non-face-to-face industries, the burden of balancing the family, and employment insecurity are increasing. Those things lead to the need to protect the mental health of workers. However, there are not many provisions regarding the mental health of workers such as the current 「Labor Standards Law」, 「Occupational Safety and Health」, and 「Occupational Accident Compensation Insurance Law」. In this thesis, we will look at the procedures and criteria for receiving workers' accident compensation when a worker suffers from a mental illness at work. Then, in order to present the problems and improvement plans for the current occupational accident recognition of mental illness, procedural aspect, normative aspect, and follow-up aspect will be examined. First, on the procedural side, point out that the types of mental illnesses in business are limited, and consider related cases. Secondly, on the normative side, it is pointed out that in the current work-related accident certification procedure for mental illness, points must be scored for the objectivity of analysis of stress factors on the job and outside. Third, on the follow-up side, we point out the problem of infringement of personal medical information for mental illness of disaster-affected workers, and the problem of secondary harm(act of retaliation). It also presents the need for worker protection provisions. As a result of examining judicial precedents related to work-related mental illness, many affected workers were unable to receive salary for work-related mental illness, received psychiatric care with individuals' money, and committed suicide. This indicates that there is still a social atmosphere that hides the psychiatric care. It also shows that it is institutionally difficult to certify occupational accidents for mental illness. The law for mental illness in workplace will be revised concretely. This allows workers to receive universal psychiatric care. In addition, there must be a work environment in which employees can return from medical treatment and maintain their corporate life. Through continuous discussions, it is necessary to make efforts to concretely amend the law on mental illness in workplace.