산업재해보상보험법상의 업무상 재해 인정기준 개선방안 - 통근재해를 중심으로 -

Abstract

Industrial Disaster Insurance law in force recognizes this case only as jobdisaster- accident occurred during commuting under control or managementof owner, for example, using transportation means provided by the owner. And in case civil servant, teacher in private school, and soldier have accident during commuting, this is recognized as job disaster according to related law. However, in same case, some workers are protected by law or some are not protected according to job. For expansion of case of disaster during commuting, labor sector supports this; business management sector is cautious; academic circles show pros and cons. On the other hand, constitutional decision on article 37, first item of Industrial Disaster Insurance law was made by Constitutional court. Majority opinion in Constitutional court(5 out of 9 persons) pointed out its unconstitutional and urge to expand compensation range of disaster during commuting. Recently Korean national assembly put forth a revised legislative bill (article 37, first item, first ho, Da mok) that includes “ccident occurred during commuting in usual route and method”or “ccident occurred during commuting”into Industrial Disaster Insurance law. Accordingly, it seems that legislative discussion for this would be continued. For eventual direction, it would be reasonable to include disaster duringcommuting into range of job disaster as in legislative case of a foreign country. Protection of disaster during commuting cannot be proceeded with only inaspects of legislation and policy, while neglecting financial problem. So forwhether disaster during commuting is introduced or not, it would be reasonable to legislate after considering realistic problem and legal principles.