산업재해 위자료 산정의 결정요인: 손해배상제도 이론을 중심으로

The occurrence of industrial accidents not only jeopardizes individuals’ lives but also disrupts the happiness of families, leading to social conflicts and national losses. Safeguarding our safety from frequent industrial accidents is a national task. Administrative regulations and compensation for damages are both used to reduce accidents, but government policies often prioritize the former. This paper, based on the law and economics perspective, examines the key determinants of compensation for pain and suffering damages. It utilizes first-instance court rulings on damages compensation from 2015 to 2020 to analyze the effects of key variables on the determination of compensation. The contributory negligence ratio and the level of harm, which have played a crucial role theoretically, turn out to have a significant impact on compensation for industrial accidents in Korea. Additionally, even in cases where the victim has completely lost work capacity, compensation for death was higher, indicating that our courts consider loss of life a significant harm. Compensation was higher for younger victims, and the pain and suffering suffered by family members participating in the lawsuit was reflected in compensation, except in cases where the victim died. Based on these findings, the paper discusses various policy alternatives related to industrial accidents and the compensation system.