한국 산재보험의 사회보험성 강화와 제도 개편

The Industrial Accident Compensation Insurance (IACI) system was legislated as a social insurance law 60 years ago, but its nature as liability insurance is often emphasized. This study identifies that the basis for claims of liability insurance characteristics lies in the provisions of the IACI laws, which are dependent on the Labor Standards Act. By analyzing case law and the realities of claims processing, the study aims to outline the problems arising from the liability insurance nature of the system and explore potential improvements. The regulation that most directly reflects the liability insurance characteristics is the provision on compensation for work-related injuries based on intent or negligence. This study examines the evolution of this regulation, the relationship between compensation under civil law and IACI benefits, and the nature of employers’ insurance premium obligations. In the final section, the study explores the necessary provisions in the IACI Act if the injury compensation regulations of the Labor Standards Act were to be abolished for a transition to a more robust social insurance system. It also presents directions for institutional reforms to address the issues identified. Although these challenges cannot be resolved in a short period, if left unaddressed, they may continue to limit the IACI system’s function of protecting workers. This study aims to serve as a foundation for discussions on strengthening the social insurance aspects of IACI.