산재보험법상의 휴업급여의 법리

Industrial Accident Compensation Insurance Act’s Wage Replacement Benefits is paid to worker of occupational accidents or diseases for “Term which isn’t worked as Medical Care”. “Term which isn’t worked as medical care” is a term that worker,who is employed doesn’t earn wage income for Medical Care. But Industrial Accident Compensation Insurance benefit has a limit that it can’t fully exclude the characteristic of civil compensation for damages. Thus, it doesn’t actually have a loss of wages that employment contract of a short-term worker terminate in medical care, yet Wage Replacement Benefits should be paid to the worker as he or she is restricted to new opportunity of work or other social activities. Compensation for Suspension of Work of Labor Standards Act provides to be paid to “a worker in Medical Care” from Occupational accidents or diseases. According to that, the worker can misconceive Wage Replacement Benefits is paid to “a worker in Medical Care” regardless of work. To eliminate this confusion, it should be revised Compensation for Suspension of Work of Labor Standards Act’s payment reason is also ‘Term which isn’t worked as medical treatment’