산재보상법리의 변천

1. Industrial accidents refer to the employees` injury which results from the labor-relations between employers and employees in the capitalistic society. As all the industries contain the danger of the injury substantially, the worker cannot avoid it. Industrial accidents are social phenomena which inevitably occur due to the labor-relations of the capitalistic economic system regardless of the will or conduct of the individual workers. Therefore, the industrial accident should be regarded as the infringement of the injuried worker and his family`s right to live. The industrial accident also menaces worker`s life, physical and mental health and his family`s living in the modem capitalistic society. From this viewpoint, the industrial accident compensation system should be established as the ex post facto remedy system.<BR> 2. As this compensation system is no more than the reflection of the legal principles of this industrial accident compensation system, this thesis deals with the legal principles of the industrial accident compensation under the recognition that the legal principles of the industrial accident compensation should be correctly understood before the full comprehension of the industrial accident compensation system. Firstly, this thesis takes into consideration the processes of the formation and development of the legal principles of the industrial accident compensation system. Generally speaking, the legal principles of the industrial accident compensation have been changed from ① the employer`s liability of compensation to the worker`s damage according to the common law; to ② the employer`s liability of compensation to the injured worker only according to the labor law; to ③ groups of all industrial employer`s full responsibility for living for the injured worker and his/her family members according to the social security law.<BR> 3. This thesis consists of as follows. 1) As the theories of the industrial accident compensation, ① civil legal theories, ② labor-relation theories and ③ theories for guaranteeing the worker`s living have been reviewed and analyzed; 2) The nature of the labor-relations of the industrial accident compensation makes distinction between industrial accident compensation system and other social insurance systems. In this context, the legal principles dealing with whether the worker under question was working or not (on duty or not) at the time of the industrial accident were systematically reviewed.<BR> 4. Based on the legal principles of the industrial accident compensation mentioned above, this thesis takes into consideration some possible measures for the improvement of the Industrial Accident Compensation And Insurance Law in the future.