업무상 ‘과로재해’의 인정기준에 관한 법적 연구

Contrary to the expectation that the 4th Industrial Revolution would provide convenience to human life, workers in the industrial field are at greater occupational risk to work-related illnesses, injuries and deaths, and its getting worse. According to statistics, 992 workers were killed in the 2020 occupational accident. This year 『Serious Accidents Punishment Act』 was enacted to prevent the embarrassing mortality process of mortality among the OECD member countries, and is scheduled to be gradually enforced from January 2022. Of these, in the part where “deaths from overwork accidents”, which are the single cause of death each year, were excluded from the punishment, the literature review of clinical studies associated with overwork and cardiovascular disease is currently in business. I would like to proceed with a comparative analysis of whether the disaster certification(recognition) criteria are scientifically and medically appropriate. Looking at the results of multiple clinical studies, the incidence of cardiovascular disease increases in proportion to working hours heavier than standard working hours, especially as stipulated by current “Industrial Disaster Compensation Insurance Act“. It was found that working hours of 60 hours or less also significantly increased the incidence of cardiovascular disease. Current case law does not set clear criteria for the correlation between work and karoshi. In addition, the part of the certification criteria related to overwork as a work-related accident described in “the Ministry of Labor notification” shows an inconsistent position even when looking at the Supreme Court's judicial precedents regarding the recent surge in overwork accidents because the criteria are not clear. Even if a specific incident is entered, the predictability of a business disaster is not clear. In addition, this year 『Serious Accidents Punishment Act』 was enacted, and unlike the general expectation that deaths from overwork will decrease, deaths from overwork accidents are subject to punishment as the single cause of death. Excluded, there is a situation in which the business community and the labor union are all opposed to this case. In this paper, we look for suggestions that can be applied to South Korea through a summary analysis of “the Karoshi Prevention Law” enacted in November 2014 by Japan's 30 years of efforts. There are some regulations on “Industrial Safety and Health Law”, but I would like to find a concrete solution to protect workers more safely from overwork accidents.