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학술논문노동법논총2010.12 발행KCI 피인용 1

산재보험의 유족급여 수급권자

Beneficiaries of Survivors’ Benefits in Industrial Accident Compensation Insurance

황운희(신한노무법인)

20권, 389~418쪽

초록

Survivor’s benefits are the insurance benefits paid to guarantee the survivor’s living when a worker dies of industrial accident. However, if there is a discrimination or change in reception priority in qualification of recipient based on whether it is survivors’ compensation annuity or lump sum survivors’compensation, it can’t be a fair system. In qualification of survivors’ compensation annuity, a husband should be given the same qualification as well as a wife, and a fetus should also be given the qualification of receiving survivors’ benefits. The change in reception priority by a worker’s testament should be applied even in the case of survivors’ compensation annuity, and to support the purpose of legislation the requirement of testament should be moderated. In addition, plans should be made to prevent survivors’ judicial priorities from being disqualified of survivors’ benefits by a worker’s testament. Also, if adoptive parents have priority in the lump sum survivors’compensation, it should be specified that they should also be given the priority in the case of survivors’ compensation annuity.

Abstract

Survivor’s benefits are the insurance benefits paid to guarantee the survivor’s living when a worker dies of industrial accident. However, if there is a discrimination or change in reception priority in qualification of recipient based on whether it is survivors’ compensation annuity or lump sum survivors’compensation, it can’t be a fair system. In qualification of survivors’ compensation annuity, a husband should be given the same qualification as well as a wife, and a fetus should also be given the qualification of receiving survivors’ benefits. The change in reception priority by a worker’s testament should be applied even in the case of survivors’ compensation annuity, and to support the purpose of legislation the requirement of testament should be moderated. In addition, plans should be made to prevent survivors’ judicial priorities from being disqualified of survivors’ benefits by a worker’s testament. Also, if adoptive parents have priority in the lump sum survivors’compensation, it should be specified that they should also be given the priority in the case of survivors’ compensation annuity.

발행기관:
한국비교노동법학회
분류:
노동법

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산재보험의 유족급여 수급권자 | 노동법논총 2010 | AskLaw | 애스크로 AI