In this paper, I want to focus on Industrial Accident Compensation Insurance(hereafter it is referred to as "IACI") which has been served as ex post facto security system after occurrence of industrial accident. and I want to enhance the equity and sufficiency of IACI by bringing out some disadvanta...
In this paper, I want to focus on Industrial Accident Compensation Insurance(hereafter it is referred to as "IACI") which has been served as ex post facto security system after occurrence of industrial accident. and I want to enhance the equity and sufficiency of IACI by bringing out some disadvantages of IACI and presenting some improvement. The first subject involves the exemption from a claim for damage under the civil law. This paper shows the ways of arbitration and legislation in industrial accident compensation and reparation for damage under the civil law around the world, which eludes determination on the superiority of the systems carried out each country, since the systems have been politically established taking into consideration each country's law, thoughts of workers, standards for compensation and reparation. In case of our country, It is rational to take competitive arbitration system which acknowledges the competition of both like the present ways or to take excessive arbitration system which does not bring about double-payment problem. However, the above systems bring about the following inevitable disadvantages. 1. The amount of reparation paid by the employer is various, according to the choices by the injured. 2. Though the employer may postpone the accomplishment of liability for damage, the amount of reparation paid by the employer is reduced, since the amount of IACI benefits deducted from the amount of reparation is increased. 3. Without solving the problem between compensation and reparation at once, arbitration between them remains. Taking into consideration that IACI have adopted insurance system to share the employers' risks, IACI should introduce the exemption from employer's liability for damage in order to overcome aforementioned disadvantages in conjunction with the revision of standards for the benefits payment so as to assure the sufficiency of benefits which does not deter the worker's reparation on the real damage. The second subject involves the discrimination according to Gender in case of determination of survivors pension beneficiary. Regarding determination of survivors pension beneficiary, Women spouses have no age limit, but men spouses have limitation that they should be at least 60 years old, and that they should have a certain physical disability. Recently, Gender discrimination on the grades of scar disability at "Standards for evaluation of disability" is abolished. Other social insurances such as National pension insurance are seeking to revise gender discrimination. Therefore, IACI should consider its revision. The third subject involves approval range of work-related injury. With the change of industrial structure, Various occupational diseases such as stress disorder, musculoskeletal disorder have been increasing. However under the present IACI system, the approval range of work-related injury and diseases has been too narrowly set with no specific evaluation standards, which make determinators' gap on interpretation of approval standards for work-related injury and diseases while they are deciding and reviewing approval of medical care. Therefore, in this paper, I make a presentation about evaluation standards of work-relatedness on cerebralvascular disorder, musculoskeletal among "IACI Approval Range" In addition, commuting accidents have been uncovered in principle, excepting when the workers are injured during use of transportation offered by the employer, which means IACI have focused on compensation in accordance with no fault liability of employer. In order to make commuting accident covered with IACI in the future, IACI Act should be revised to define "commuting" and specify approval range of commuting accident. IACI Decree and Regulation also should be revised to specify details. That is, It is desired to include commuting accident in the IACI boundary In the end, even though it hasn't been a long time since 5 year rehabilitation plan started, in order to make the most of th efficiency of implementation, re-coordination process on the plan should be undergone with rational and long-term vision. From now on, IACI should make an active and sustainable progress within the frame consisting of medical, occupational, social rehabilitation which are intertwined one another. and this frame should be supported by comprehensive program from right after occurrence of accident. and then IACI system should be renewed in the shape of a genuine social security system, under which every injured worker could get out of the gloomy circumstances resulting from accident.
In this paper, I want to focus on Industrial Accident Compensation Insurance(hereafter it is referred to as "IACI") which has been served as ex post facto security system after occurrence of industrial accident. and I want to enhance the equity and sufficiency of IACI by bringing out some disadvantages of IACI and presenting some improvement. The first subject involves the exemption from a claim for damage under the civil law. This paper shows the ways of arbitration and legislation in industrial accident compensation and reparation for damage under the civil law around the world, which eludes determination on the superiority of the systems carried out each country, since the systems have been politically established taking into consideration each country's law, thoughts of workers, standards for compensation and reparation. In case of our country, It is rational to take competitive arbitration system which acknowledges the competition of both like the present ways or to take excessive arbitration system which does not bring about double-payment problem. However, the above systems bring about the following inevitable disadvantages. 1. The amount of reparation paid by the employer is various, according to the choices by the injured. 2. Though the employer may postpone the accomplishment of liability for damage, the amount of reparation paid by the employer is reduced, since the amount of IACI benefits deducted from the amount of reparation is increased. 3. Without solving the problem between compensation and reparation at once, arbitration between them remains. Taking into consideration that IACI have adopted insurance system to share the employers' risks, IACI should introduce the exemption from employer's liability for damage in order to overcome aforementioned disadvantages in conjunction with the revision of standards for the benefits payment so as to assure the sufficiency of benefits which does not deter the worker's reparation on the real damage. The second subject involves the discrimination according to Gender in case of determination of survivors pension beneficiary. Regarding determination of survivors pension beneficiary, Women spouses have no age limit, but men spouses have limitation that they should be at least 60 years old, and that they should have a certain physical disability. Recently, Gender discrimination on the grades of scar disability at "Standards for evaluation of disability" is abolished. Other social insurances such as National pension insurance are seeking to revise gender discrimination. Therefore, IACI should consider its revision. The third subject involves approval range of work-related injury. With the change of industrial structure, Various occupational diseases such as stress disorder, musculoskeletal disorder have been increasing. However under the present IACI system, the approval range of work-related injury and diseases has been too narrowly set with no specific evaluation standards, which make determinators' gap on interpretation of approval standards for work-related injury and diseases while they are deciding and reviewing approval of medical care. Therefore, in this paper, I make a presentation about evaluation standards of work-relatedness on cerebralvascular disorder, musculoskeletal among "IACI Approval Range" In addition, commuting accidents have been uncovered in principle, excepting when the workers are injured during use of transportation offered by the employer, which means IACI have focused on compensation in accordance with no fault liability of employer. In order to make commuting accident covered with IACI in the future, IACI Act should be revised to define "commuting" and specify approval range of commuting accident. IACI Decree and Regulation also should be revised to specify details. That is, It is desired to include commuting accident in the IACI boundary In the end, even though it hasn't been a long time since 5 year rehabilitation plan started, in order to make the most of th efficiency of implementation, re-coordination process on the plan should be undergone with rational and long-term vision. From now on, IACI should make an active and sustainable progress within the frame consisting of medical, occupational, social rehabilitation which are intertwined one another. and this frame should be supported by comprehensive program from right after occurrence of accident. and then IACI system should be renewed in the shape of a genuine social security system, under which every injured worker could get out of the gloomy circumstances resulting from accident.
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