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논문 기본 정보

저자정보
(한국노동연구원)
저널정보
한양법학회 한양법학 한양법학 제33권 제1집(통권 제77집)
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    초록·키워드

    Since the enactment of the Industrial Accident Compensation Insurance Act in 1963, industrial accident compensation insurance has continuously developed in the direction of strengthening the level of coverage for compensation benefits. However, as industrial accident insurance has continued to develop over the past 50 years, the benefit system is under pressure from fundamental system changes since the 2000s. Matters that require fundamental system change are being raised not only in benefit, but in all areas such as the scope of application, standards for recognition of work-related accidents, and finance.
    The purpose of this paper is to review the normative principles of the survivor"s compensation annuity system to prevent the discussion of improvement from drifting without principle among those who have a vested interest in the improvement of the survivors compensation annuity system among those who have a vested interest in the reform of the survivors compensation annuity system among the tasks for restructuring the workers" compensation insurance. This paper attempts to derive normative principles from the Constitution. If the principles governing the formation of social insurance, industrial accident insurance, and survivors" compensation annuity systems can be found in the Constitution, important guidelines for improvement legislation can be presented, along with the normative justification and rationale for reforming the survivors" compensation annuity system.
    As a result of the review, the following points were confirmed. First, the right to compensate or guarantee income of the bereaved family of the deceased worker is included in the right to work under Article 32 of the Constitution and to receive compensation or guarantee from the right to a humane livelihood under Article 34. Second, the right to receive the survivor"s compensation annuity should be improvemed in a way that can substantially compensate for the economic deficits incurred to the bereaved family who shared a living or supported by the income of the deceased worker. Third, it is necessary to promote system improvement based on the fact that the right to receive the survivor"s compensation annuity is an independent right of each bereaved family who shared a living or supported by the income of the deceased worker.

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      UCI(KEPA) : I410-ECN-0101-2022-360-001169196