산업재해보상보험법상 질병의 업무상 판단

Abstract

When the employees suffer from occupational disease, the workers' compensation act protects the employees whose disease arose out of the employment and in the course of the employment in Korea. It has been said that the ' in the course of' criterion delimits the time, place and activity of the work, while the 'out of' criterion concerns itself with the cause between the disease and work. But it is very difficult for employees to prove the whose disease arose out of the employment and in the course of the employment, because the employee is not specialist in law and medical science, it is not easy for employee to get the information, and there is no assistor. On the other hand, It has been said it is sufficient to prove the connection between the disease and work for the protection of employees. In this opinion, the problems happen that what is the connection between the disease and work and what is the difference between the connection and related work which has been in the workers' compensation act. I held that the connection between the disease and work is different the related work, for that is the principle of cause and effect while this is to test the domain of work. the workers' compensation act has the nature of social security law which secure national basic livelihood. In the case of employees' industrial accidents, the employees should be protected widely by the workers' compensation act to keep their happy life. So the relaxed test should be applied in judging occupational disease.