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학술논문노동법학2008.06 발행KCI 피인용 1

未支給 産災保險給與의 相續法理

A Legal Principle of Succession on the Unpaid Insurance Benefits in the Industrial Accident Compensation Insurance

황운희(아주대학교)

26호, 33~61쪽

초록

The unpaid insurance benefits in the industrial accident compensation is referred to as the following, that is, if the beneficiary of the insurance dies, then the insurance cannot be paid to the dead beneficiaries in reality, although the claim of the insurance is valid. When it comes to the unpaid insurance benefits, it should be paid to the survivors in accordance with the industrial accident compensation insurance act (including the case of survivors' beneficiaries to the other survivors). By the way, is this regulation connected with succession exclusion provision of civil law or meaning that the unpaid insurance should be paid to the survivors more than anything else, or to the successors other than the survivors but for the survivors? It doesn't recognize succession that the virtual party substituted receiving medical treatment, as medical treatment of the unpaid insurance benefits of the industrial accident insurance cannot succeed for the payment in the actual thing, but the payment in cash recognizes the object of succeeded property. The purport of unpaid insurance benefits is to protect the survivors before the successor, the principle of law should be regarded to be special conditions of succession. Therefore, the unpaid insurance benefits shall be paid to the survivor first; if it were not for the death, it shall be paid to the successor.

Abstract

The unpaid insurance benefits in the industrial accident compensation is referred to as the following, that is, if the beneficiary of the insurance dies, then the insurance cannot be paid to the dead beneficiaries in reality, although the claim of the insurance is valid. When it comes to the unpaid insurance benefits, it should be paid to the survivors in accordance with the industrial accident compensation insurance act (including the case of survivors' beneficiaries to the other survivors). By the way, is this regulation connected with succession exclusion provision of civil law or meaning that the unpaid insurance should be paid to the survivors more than anything else, or to the successors other than the survivors but for the survivors? It doesn't recognize succession that the virtual party substituted receiving medical treatment, as medical treatment of the unpaid insurance benefits of the industrial accident insurance cannot succeed for the payment in the actual thing, but the payment in cash recognizes the object of succeeded property. The purport of unpaid insurance benefits is to protect the survivors before the successor, the principle of law should be regarded to be special conditions of succession. Therefore, the unpaid insurance benefits shall be paid to the survivor first; if it were not for the death, it shall be paid to the successor.

발행기관:
한국노동법학회
분류:
노동법

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未支給 産災保險給與의 相續法理 | 노동법학 2008 | AskLaw | 애스크로 AI