산재보험법 제123조 현장실습생 특례규정에 대한 검토

There are 6 articles for special cases in Industrial Accident Compensation Insurance Act(IACIA). You would be able to identify the marks of painstaking care in 3 articles - Article 123 (Special Cases concerning On-the-Job Trainees), Article 124 (Special Cases concerning Small and Medium Business Owners), Article 125 (Special Case concerning Persons in Special Types of Employment) - for expanding the personal scope of application of IACIA. The purpose of IACIA to embrace the person who is not included in the definition of a worker that is stipulated in article 2(1) of Labor Standard Act will be achieved when those articles get effectiveness and executive force. But Article 123 (Special Cases concerning On-the-Job Trainees) of IACIA doesn’t get that effectiveness and executive force. Too many educational and legal circumstances for On-the-Job Trainees have changed since Article 123 was newly established. It has very restricted effects for On-the-Job Trainees who are attending schools, especially universities. Notification No.1998-19 of Ministry of Employment and Labor that stipulates the concept of On-the-Job Trainees needs appropriate revision for effective application of Article 123 of IACIA.