해외파견자에 대한 산재보험법 적용 소고(小考)

Article 122(Special Cases concerning Persons Dispatched Overseas) of Industrial Accident Compensation Insurance Act(IACIA) provides that business owner applies for an insurance policy to the Korea Workers' Compensation and Welfare Service and obtains approval therefrom for a person dispatched to work in a business run by the said policyholder in a territory other than the Republic of Korea, the person dispatched overseas may be deemed a worker employed for a business (where at least two businesses exist, this refers to the main business) within the territory of the Republic of Korea and thus be subject to IACIA. This article 122 of IACIA make the assumptions that persons dispatched overseas are not “workers” of IACIA and therefore they are not entitled to insurance benefits of IACIA. This essay started from questioning that assumptions. Why does IACIA take a position that the persons dispatched overseas are not “workers” according to IACIA? Why does IACIA take a position that they are not entitled to insurance benefits of IACIA? I tried to analyse the validity of those assumptions, and to make a propostion to review the special cases of IACIA as article 122.