해외파견근로자의 산재보험 적용

In Korea, industrial accident compensation insurance act applies the territorial principle and overseas dispatched workers are applied not compulsory but arbitrary. Because these days overseas advance of domestic workers is brisk, a need to apply insurance for industrial injury on work­related accidents is growing. Especially on construction industry, though the total value of orders is growing rapidly, enjoying renaissance, only 3.5% of workers are applied to insurance for industrial injury. In other words, preparation for industrial injury on construction workers is very insufficient. The present, in case of overseas business trip, industrial accident compensation insurance is applied of course. However, in case of overseas dispatch, workers join it volitionally by approval of Workers’ Compensation and Welfare Service. So overseas dispatched workers are frequently embroiled in a legal dispute if they didn't join it. So when we divide conception of overseas business trip and overseas dispatch, we need to interpret range of overseas business trip more widely. In addition, the join system of industrial accident compensation insurance for overseas dispatched workers should be changed from arbitrary registration of today to obligatory registration. Otherwise like workers in special form employment, rule is obligatory application but if they already joined foreign nation insurance or overseas compensation insurance for workers’ injury, they can ask for exemption of application. Then the benefits of the social security for overseas dispatched workers would be expanded.