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학술논문법과 기업 연구2015.08 발행KCI 피인용 1

출퇴근재해 보상과 자동차보험

The Compensation for Commuting accident and Automobile Insurance

장덕조(서강대학교)

5권 2호, 163~190쪽

초록

Commuting accident is not protected by worker’s compensation law. Though workers' commuting usually cover automobile accidents while traveling to or from work, this article recognizes it should be protected by worker’s compensation law. Under the current law, the less control an employer exercises over an employee's use of a company-owned vehicle to commute to and from work, the less chance there is that the employer will be liable for injuries the employee may cause in an accident. When the employer begins placing requirements on the use of the vehicle, including requirements during commuting time, or if it asks an employee to run an errand or otherwise serve it while commuting, it may find itself stuck with a big verdict. Therefore, the employee has the authority to decide the scope of social risk. The scope of social risk contains the commuting accidents because they are close associated with the employment. When the commuting accident happens to employee, this accident should be protected by worker’s compensation law for being in accordance with the nature of social security.

Abstract

Commuting accident is not protected by worker’s compensation law. Though workers' commuting usually cover automobile accidents while traveling to or from work, this article recognizes it should be protected by worker’s compensation law. Under the current law, the less control an employer exercises over an employee's use of a company-owned vehicle to commute to and from work, the less chance there is that the employer will be liable for injuries the employee may cause in an accident. When the employer begins placing requirements on the use of the vehicle, including requirements during commuting time, or if it asks an employee to run an errand or otherwise serve it while commuting, it may find itself stuck with a big verdict. Therefore, the employee has the authority to decide the scope of social risk. The scope of social risk contains the commuting accidents because they are close associated with the employment. When the commuting accident happens to employee, this accident should be protected by worker’s compensation law for being in accordance with the nature of social security.

발행기관:
법학연구소
분류:
법학일반

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