해외근무자에 대한 산업재해보상보험법의 적용과 한계
The Applications and Limits of Industrial Accident Compensation Insurance Act on Overseas Workers
강선희(고려대학교)
15호, 131~164쪽
초록
On the ground of principle of territoriality, Industrial Accident Compensation Insurance Act applies to business or workplace which are conducted in the area of Korea’s territorial sovereignty. According to this principle, dispatched workers, who are sent to achieve overseas business by an employer doing business in Korea, can be in a dead zone of Industrial Accident Compensation Insurance Act on occupational accidents since it doesn’t apply to them. In order to solve this problem, the Special Cases concerning Persons Dispatched Overseas for the dispatched workers (the article 121·122) are enacted. The article 121 (1) of the Act stipulates that “With respect to any business in a country or area as prescribed by a treaty or convention governing social security to which Korea is a party, for the purposes of compensating a worker for any occupational accident that occurs during his/her overseas service period, a person designated by the Minister of Employment and Labor after consultation with the Financial Services Commission is allowed to carry on, on its own account, insurance business as prescribed by this Act.” Furthermore, The article 122 (1) of the Act stipulates that “Where any policyholder under Article 5 (3) and (4) of the Insurance Premium Collection Act applies for an insurance policy to the Service and obtains approval therefrom for a person dispatched overseas to place him/her in a business run by the said policyholder in an area (excluding any area prescribed by ordinance of the Ministry of Employment and Labor) other than the Republic of Korea (hereinafter referred to as ‘person dispatched overseas’), the person dispatched overseas may be deemed a worker employed for a business (where two or more businesses exist, this refers to the main business) carried on within the territory of the Republic of Korea and thus be governed by this Act.” This article examines the Special Cases concerning Overseas Business or Persons Dispatched Overseas and suggests the limits and improvement measures of current laws.
Abstract
On the ground of principle of territoriality, Industrial Accident Compensation Insurance Act applies to business or workplace which are conducted in the area of Korea’s territorial sovereignty. According to this principle, dispatched workers, who are sent to achieve overseas business by an employer doing business in Korea, can be in a dead zone of Industrial Accident Compensation Insurance Act on occupational accidents since it doesn’t apply to them. In order to solve this problem, the Special Cases concerning Persons Dispatched Overseas for the dispatched workers (the article 121·122) are enacted. The article 121 (1) of the Act stipulates that “With respect to any business in a country or area as prescribed by a treaty or convention governing social security to which Korea is a party, for the purposes of compensating a worker for any occupational accident that occurs during his/her overseas service period, a person designated by the Minister of Employment and Labor after consultation with the Financial Services Commission is allowed to carry on, on its own account, insurance business as prescribed by this Act.” Furthermore, The article 122 (1) of the Act stipulates that “Where any policyholder under Article 5 (3) and (4) of the Insurance Premium Collection Act applies for an insurance policy to the Service and obtains approval therefrom for a person dispatched overseas to place him/her in a business run by the said policyholder in an area (excluding any area prescribed by ordinance of the Ministry of Employment and Labor) other than the Republic of Korea (hereinafter referred to as ‘person dispatched overseas’), the person dispatched overseas may be deemed a worker employed for a business (where two or more businesses exist, this refers to the main business) carried on within the territory of the Republic of Korea and thus be governed by this Act.” This article examines the Special Cases concerning Overseas Business or Persons Dispatched Overseas and suggests the limits and improvement measures of current laws.
- 발행기관:
- 노동법이론실무학회
- 분류:
- 법학